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"Договор между Российской Федерацией и Японией о взаимной правовой помощи по уголовным делам" [рус., англ.] (Подписан в г. Токио 12.05.2009)





its investigative and prosecuting authorities.

Article 13

1. The requested Party shall inform a person in the requested Party of an invitation to appear before the appropriate authority in the requesting Party. The requested Party shall effect service of a document requiring the appearance of a person before the appropriate authority in the requesting Party.
2. The Central Authority of the requesting Party shall inform the Central Authority of the requested Party of the extent to which the allowances and expenses for the appearance under paragraph 1 will be paid by the requesting Party. The Central Authority of the requested Party shall, upon request, promptly inform the Central Authority of the requesting Party of the response of the person whose appearance is sought.
3. Where a request concerns service of a judicial document requiring the appearance of a person before the appropriate authority in the requesting Party, the request shall be received by the requested Party not less than 50 days before the scheduled appearance date. In urgent cases, the requested Party may waive this requirement. In informing of the result of the execution of such a request in accordance with the provisions of paragraph 7 of Article 5, the Central Authority of the requested Party shall inform the Central Authority of the requesting Party in writing of the fact that the service was effected, as well as the date, place and manner of the service.
4. A person who appears before the appropriate authority in the requesting Party under this Article shall not be subject to detention or any restriction of personal liberty in its territory by reason of any conduct or conviction that precedes the departure from the requested Party of the person, nor shall the person be obliged to give evidence in any criminal proceeding or to assist in any proceeding other than the proceeding which is specified in the request. If the above safe conduct cannot be provided, the Central Authority of the requesting Party shall so specify in the request in order for the person to be informed accordingly and be able to make a decision whether to appear before the said authority.
5. The safe conduct provided in accordance with paragraph 4 to the person who appears before the appropriate authority in the requesting Party under this Article shall cease when:
(1) 15 days have passed after the person was notified in writing by the appropriate authority that the appearance of the person is no longer necessary;
(2) the person, having left the requesting Party, voluntarily returns to it; or
(3) the person fails to appear before the appropriate authority on the scheduled appearance date due to the reasons other than those arising out of the circumstances beyond the control of that person.
6. When the notification is made pursuant to paragraph 5(1), or when the safe conduct provided for in paragraph 4 ceases pursuant to paragraph 5(2) or 5(3), the Central Authority of the requesting Party shall so inform the Central Authority of the requested Party without delay.
7. A person who does not appear before the appropriate authority in the requesting Party under this Article shall not, by reason thereof, be liable to any penalty or be subjected to any compulsory measure in the requesting Party, notwithstanding any contrary statement in the request or a document related to the appearance of the person.

Article 14

1. A person who is being detained or is serving a sentence in the territory of the requested Party and whose presence in the territory of the requesting Party is necessary for testimony or other purposes indicated in the request shall be transferred for those purposes to the requesting Party, if the person consents in writing and if the Central Authorities of the Parties agree, when permitted under the laws of the



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