172 | II Série A - Número: 007S2 | 2 de Outubro de 2008

originals, the Requested State shall meet such requirement to the extent possible.
3. Insofar as not contrary to the laws of the Requested State, the documents and other materials to be transmitted to the Requesting State in accordance with this Article shall be certificated in such forms as may be requested by the Requesting State in order to make them admissible according to the laws of the Requesting State.
4. Insofar as not contrary to the laws of the Requested State, the Requested State shall permit the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to pose questions, through judicial personnel of the Requested State, to the person from whom evidence is to be taken.
For this purpose, the Requested State shall promptly inform the Requesting State of the time and place of the execution of the request.
5. A person who is required to give evidence under this Agreement may decline to give evidence if the laws of the Requested State permit the person not to give evidence in similar circumstances in proceedings originating in the Requested State.

Article 9 Availability of Persons to Give Evidence or Assist in Investigation

1. When the Requesting State requests the appearance of a person to give evidence or assist in investigation in the territory of the Requesting State, the Requested State shall invite the person to appear before the judicial authority in the territory of the Requesting State. The Requesting State shall indicate the extent to which allowances and expenses will be paid to the person. The Requested State shall promptly inform the Requesting State of the person’s response.
2. The Requesting State shall transmit any request for the service of a document requiring the appearance of a person before an authority in the territory of the Requesting State no less than sixty days before the scheduled appearance unless, in urgent cases, the Requested State has agreed to a shorter period of time.

Article 10 Transfer of Persons in Custody for Giving Evidence or Assisting in Investigations

1. The Requested State may, at the request of the Requesting State, temporarily transfer a person in custody in its territory to the Requesting State for appearing before a judicial authority to give evidence or assist in investigations, provided that the person so consents and the Contracting States have previously reached a written agreement on the conditions of the transfer.
2. If the person transferred is required to be kept in custody under the laws of the Requested State, the Requesting State shall hold that person in custody.
3. The Requesting State shall promptly return the person transferred to the Requested State as soon as he/she finished giving evidence or assisting in investigations.
4. For the purpose of this Article, the person transferred shall receive credit for service of the sentence imposed in the Requested State for the period of time served in the custody of the Requesting State.

Article 11 Protection of Witnesses and Experts

1. Any witness or expert present in the territory of the Requesting State shall not be investigated, prosecuted, detained, punished or subject to any other restriction of personal liberty by the Requesting State for any acts or omissions which preceded that person’s entry into its territory, nor shall that person be obliged to give evidence or to assist in any investigation, prosecution or other proceedings other than that to which the request relates, except with the prior consent of the Requested State and that person.
2. Paragraph 1 of this Article shall cease to apply if the person referred to in paragraph 1 of this Article has stayed on in the territory of the Requesting State forty-five days after that person has been officially notified that his/her presence is no longer required or, after having left, has voluntarily returned. But this period of time shall not include the time during which the person fails to leave the territory of the Requesting State for reasons beyond