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司法部司法协助外事司关于在与美国的刑事司法协助中采用有关证明格式的通知


  2(英文版)

When PRC is Requesting Party Requirements for Assistance in Taking Testimony

  In response to a Chinese request for assistance in taking testimony,the U.S.side shall provide the Chinese side with a verbatim transcript of the questioning which shall meet the following requirements:
  1.The transcript shall
  a.provide a detailed record of the questioning conducted in accordance with the questions provided by the Chinese side,
  b.state the time and place of the questioning,basic condition of the questioned person and his or her address and telephone number,and
  c.signature of the law enforcement or judicial officers who do the questioning,with the date.
  2.Questioning shall be conducted by at least two law enforcement or judicial officers with their department and positions identified;
  3.The questioner shall make clear to the questioned person his(or her)rights and criminal liability for an intentional false statement given under oath;
  4.The questioned person shall be requested to provide a statement at the end of the transcript along the following lines:“I have read the above transcript,which is in conformity with what I have said”with his(or her)signature and the date.If the person declines the request for such a statement,the questioner shall provide a signed and dated statement that the request was made and that the questioned person declined to provide it.

  3(中文版)

  关于扣押物品的要求
  (当中方是请求方时)

  在答复中方提出的扣押在美国境内的物证或物品的协助请求时,美方提供给中方的答复文件中应包括以下内容:
  一、扣押物品过程的记录
  1.所扣押物品在何单位、由何人保管;
  2.所扣押物品的特征、客观状态(大小、形状、颜色等)、数量等的描述;
  3.扣押的时间、地点;


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