Mutual Legal Assistance (Criminal Matters) Act, 2020
The Mutual Legal Assistance (Criminal Matters) Act, 2020 (“Act”) of Pakistan establishes a framework for cooperation between Pakistan and foreign countries in criminal cases. The Act enables the exchange of information, evidence, and assistance in investigating and prosecuting crimes. Mutual Legal Assistance (Criminal Matters) Act aims to establish regulations governing the process of providing and requesting mutual legal assistance in criminal matters. Pakistan can provide mutual legal assistance to another country, but this assistance is subject to the provisions specified in the Act. The assistance is based on the principle of reciprocity. The Act does not deal with offence of political nature unless directly linked to a criminal matter. Mutual Legal Assistance (Criminal Matters) Act designates a central authority as the point of contact which has the power to make and receive requests for mutual legal assistance, certify documents, facilitate prompt request handling, transmit evidence, and carry out other necessary tasks. The Act also outlines the procedure for requests and how to do the execution a request, emphasizes confidentiality and privacy, allows for expedited requests, sets grounds for refusal and limitations, and addresses costs and expenses. The central authority will not coordinate with the foreign competent agency without a formal request made to it. Under this act, a foreign agency may ask the central authority to search the house, gather evidence, and record testimony according to the laws of Pakistan. This act repeals the mutual assistance clauses of the Customs Act, of 1969 but should not violate other provisions of any act regarding mutual legal assistance in criminal matters The Mutual Legal Assistance (Criminal Matters) Act aims to enhance international cooperation, combat transnational crime, and strengthen Pakistan’s ability to address cross-border offenses.
