- Style: A request for judicial assistance
is
necessarily directed to a judicial system that is different from
our own. Even
common law countries do not always have the same legal concepts and
philosophies
found in our legal system (although, confusingly, they may use some
of the same
terms). Civil law systems differ even more markedly. In drafting
a request for
assistance, it is therefore imperative to describe simply and
clearly the facts
of the case and the nature of the assistance requested. Do not use
the kind of
language that they would include in an indictment or application
for search
warrant.
- Most applications will be translated. Avoid the use of
technical legal
terms (e.g., ITAR, ITSP, RICO or even probable cause) that are
impossible to
translate. A clear, narrative style eases the job of the
translator and the
judicial authority that receives the request. OIA reviews draft
requests to
ensure conformity with these requirements.
- Grand Jury Information: Sufficient facts should be
included in
the request to show that a crime has been committed and that the
information
sought is relevant to the investigation or prosecution. If the
request will not
make sense without incorporating information obtained through the
grand jury and
protected by secrecy requirements, the Assistant United States
Attorney (AUSA)
should obtain an order authorizing disclosure under Fed. R. Crim.
P. 6(e).
(Because letters rogatory are signed by the court, an order
authorizing
disclosure is superfluous. However, the AUSA should draw the
court's attention
to the grand jury material in the application).
[cited in Criminal Resource Manual 275; Criminal Resource Manual 276; Criminal Resource Manual 285] |