Requesting Legal Assistance from the Lebanese Republic
This guide provides a step-by-step overview of the process for submitting requests for legal assistance to the Lebanese Republic, specifically in the context of recovering corruptly acquired assets.
Form Requirements
Essential Information
To submit a request for legal assistance, the following information must be included:
- Requesting Party: Clearly state the name and functions of the requesting party and their contact information.
- Legal Basis for Submitting the Request: Determine the legal basis for requesting assistance, such as a ratified bilateral or multilateral agreement in force.
- Legal and Relevant Facts: A statement of facts related to the case under investigation or trial, including the type of crimes attributed to the persons concerned and their link to the request.
- Subject Matter: Clearly identifies the subject matter of the request and its nature (e.g., information request, assistance in investigation proceedings).
- Identifying the Persons Concerned with the Request: Provides accurate information about the person or persons concerned, including name, nationality, address, date and place of birth, etc.
- Assets Covered by the Request: Includes all information related to the assets covered by the request, their relation to the persons concerned, and the offense committed.
Annexes
The following official documents or legal texts must be annexed to the request:
- Official documents or legal texts that clearly state the requesting party’s function and entitlement to request legal assistance.
- An official certified copy of the judgment issued by the competent foreign authority making the request (if applicable).
- A copy of the foreign legal texts upon which the requesting party relied when submitting the request, including penalties and procedures related to domestic law.
Request Refusal
The Lebanese authorities may refuse assistance if it is believed to constitute a threat to public order or breaches sovereign interests. Requests for information not related to the crime in question are also refused.
Main Forms of Legal Assistance
This section outlines the main types of requests for legal assistance that can be submitted by foreign authorities:
Information Request
- Funds not deposited with banks: submitted to the Ministry of Foreign Affairs and Emigrants, which transmits it to the Ministry of Justice.
- Funds deposited with banks: submitted directly to the competent authority.
Each type of request has specific procedures and Lebanese authorities responsible for receiving them.