International procedures
Mutual Legal Assistance
Mechanisms of cooperation between states in gathering evidence and executing requests.
Definition
Mutual Legal Assistance (MLA) is a mechanism of cooperation between states for gathering evidence, conducting interviews, searches and executing other requests in criminal matters.
Requests are executed under treaties and the requested country's national law, subject to its safeguards and grounds for refusal.
Legal basis
- Mutual legal assistance treaties
- Multilateral conventions
- National procedural law
Stages
- 1
Request
An authority of one country sends a request to another.
- 2
Review
The requested party assesses admissibility.
- 3
Execution
The requested procedural actions are carried out.
Required documents
- Procedural documents on the case
- Evidence and submissions of the parties
Appeal options
- Challenging actions in the national courts of the requested country
Common mistakes & risks
- Ignoring procedural safeguards
- No legal assessment of the consequences
Frequently asked questions
What is MLA?
An official mechanism of assistance between countries for gathering evidence in criminal cases.
Can execution be refused?
Yes, on grounds of national law and treaties, including human-rights protection.