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3. Replacement of section 3 of the principal enactment

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

Section 3 of the principal enactment is hereby repealed and the following section substituted therefor:–

3. (1) The object of this Act is to facilitate the provision and obtaining by Sri Lanka of

“Object of the

Act.

Mutual Assistance in Criminal Matters assistance in criminal and related matters, including-

(a)

the locations and identification of witnesses or suspects;

(b)

the service of documents;

(c)

the examination and interviewing of witnesses or suspected persons;

(d)

the provision and obtaining of evidence, documents, other articles or information;

(e)

the execution of requests for search and seizure;

(f)

the effecting of temporary transfer of a person in custody to appear as a witness;

(g)

the facilitation of the personal appearance of witnesses;

(h)

the criminal infringement of intellectual property including copyright infringement;

(i)

the information relating to the location of a computer system or any other property connected with any criminal activity;

(j)

the enforcement of any orders for the payment of fines;

(k)

the forfeiture or freezing of property pursuant to the relevant laws on such matters;

Mutual Assistance in Criminal Matters

(l)

the tracing of crimes committed via internet, information communications technology, cloud computing, blockchain technology and other computer networks including the trading in of any digital currencies;

(m)

the bribery of any foreign public official or official of a public international organization and their respective proxies and beneficiaries;

(n)

the expedited preservation of stored computer data and expedited disclosure of preserved traffic data and data retention;

(o)

the location of proceeds of a criminal activity;

(p)

the use of documentary evidence obtained in a specified country through specific authorization to be made admissible in a judicial proceeding; and

(q)

the admissibility and applicability of evidence led from a specified country through video conferencing technology.

(2)

Nothing in this Act shall preclude the granting or obtaining of any other form or nature of assistance for investigation in connection with judicial proceedings, connected with criminal matters to or from a specified country or specified organization. Such assistance may include controlled operations, joint investigations, the use of other special investigative techniques including the use of diverse search engines and the transfer of criminal proceedings to another court.”.

Mutual Assistance in Criminal Matters