e investigation, prosecution or other proceeding in the requesting Party would not constitute a criminal offence under the laws of the requested Party.
2. Before refusing assistance pursuant to paragraph 1, the Central Authority of the requested Party shall consult with the Central Authority of the requesting Party to consider whether assistance can be provided subject to such conditions as the requested Party may deem necessary. If the requesting Party accepts such conditions, the requesting Party shall comply with them.
3. If assistance is refused, the Central Authority of the requested Party shall inform the Central Authority of the requesting Party of the reasons for the refusal.
Article 4
1. The Central Authority of the requesting Party shall make a request for assistance in writing. However, the Central Authority of the requesting Party may make a request by any other reliable means of communication if the Central Authority of the requested Party considers it appropriate to receive a request by that means. In such cases, the request shall without delay be confirmed in writing. A request shall be accompanied by a translation into the language of the requested Party or, in case of urgency, into the English language unless otherwise agreed between the Central Authorities of the Parties.
2. A request shall include the following:
(1) the name and address of the authority conducting the investigation, prosecution or other proceeding;
(2) the facts pertaining to the subject of the investigation, prosecution or other proceeding, including, to the extent possible, the location of the place in which the offence occurred, the address of the defendant or suspect and the address of the victim; the nature and the stage of the investigation, prosecution or other proceeding;
(3) a description of the purpose and nature of the assistance requested; and
(4) the texts of the relevant laws of the requesting Party.
3. To the extent necessary and possible, a request shall also include the following:
(1) information on the identity and whereabouts of any person from whom testimony, statements or items are sought;
(2) a description of the manner in which testimony, statements or items are to be taken or recorded;
(3) a list of questions to be asked of the person from whom testimony, statements or items are sought;
(4) a precise description of persons or places to be searched and of items to be sought;
(5) information regarding persons, items or places to be examined;
(6) a description of the manner in which an examination of persons, items or places is to be conducted and recorded, including the format of any written record to be made concerning the examination;
(7) information regarding persons, items or places to be located or identified;
(8) information on the identity and location of a person to be served, that person's relation to the proceedings, and the manner in which service is to be made;
(9) a description of any particular procedure to be followed in executing the request;
(10) information on the allowances and expenses to which a person whose appearance is sought before the appropriate authority in the requesting Party will be entitled;
(11) an explanation of the necessity for confidentiality concerning the request; and
(12) any other information that should be brought to the attention of the requested Party to facilitate the execution of the request.
4. If the requested Party considers that the information contained in a request for assistance is not sufficient to enable the execution of the request, the Central Authority of the requested Party may request that additional information be provided.
Article 5
1. The requested Party shall prom
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