МЕЖДУ РОССИЙСКОЙ ФЕДЕРАЦИЕЙ И ЯПОНИЕЙ О ВЗАИМНОЙ ПРАВОВОЙ ПОМОЩИ ПО УГОЛОВНЫМ ДЕЛАМ. Договор. Правительство РФ. 12.05.09

Article 13

     1.  The  requested  Party  shall inform a person in the requested
Party  of  an invitation to appear before the appropriate authority in
the  requesting  Party.  The requested Party shall effect service of a
document  requiring  the appearance of a person before the appropriate
authority in the requesting Party.
     2. The Central Authority of the requesting Party shall inform the
Central  Authority  of  the requested Party of the extent to which the
allowances  and  expenses for the appearance under paragraph 1 will be
paid  by  the requesting Party. The Central Authority of the requested
Party  shall,  upon  request, promptly inform the Central Authority of
the requesting Party of the response of the person whose appearance is
sought.
     3.  Where  a  request  concerns  service  of  a judicial document
requiring  the appearance of a person before the appropriate authority
in  the  requesting  Party,  the  request  shall  be  received  by the
requested  Party not less than 50 days before the scheduled appearance
date. In urgent cases, the requested Party may waive this requirement.
In  informing  of  the  result  of  the execution of such a request in
accordance  with  the  provisions  of  paragraph  7  of Article 5, the
Central  Authority  of  the  requested  Party shall inform the Central
Authority  of  the  requesting  Party  in writing of the fact that the
service  was  effected,  as  well as the date, place and manner of the
service.
     4.  A  person who appears before the appropriate authority in the
requesting  Party under this Article shall not be subject to detention
or  any  restriction of personal liberty in its territory by reason of
any  conduct  or  conviction  that  precedes  the  departure  from the
requested Party of the person, nor shall the person be obliged to give
evidence  in  any  criminal  proceeding or to assist in any proceeding
other  than  the  proceeding which is specified in the request. If the
above  safe  conduct  cannot be provided, the Central Authority of the
requesting  Party  shall  so  specify  in the request in order for the
person  to  be  informed  accordingly  and  be able to make a decision
whether to appear before the said authority.
     5.  The  safe  conduct provided in accordance with paragraph 4 to
the  person  who  appears  before  the  appropriate  authority  in the
requesting Party under this Article shall cease when:
     (1)  15 days have passed after the person was notified in writing
by  the  appropriate authority that the appearance of the person is no
longer necessary;
     (2)  the  person,  having  left the requesting Party, voluntarily
returns to it; or
     (3)  the  person fails to appear before the appropriate authority
on  the  scheduled appearance date due to the reasons other than those
arising out of the circumstances beyond the control of that person.
     6.  When  the notification is made pursuant to paragraph 5(1), or
when  the  safe conduct provided for in paragraph 4 ceases pursuant to
paragraph  5(2) or 5(3), the Central Authority of the requesting Party
shall  so  inform the Central Authority of the requested Party without
delay.
     7.  A person who does not appear before the appropriate authority
in  the  requesting  Party  under  this  Article  shall not, by reason
thereof,  be  liable  to any penalty or be subjected to any compulsory
measure   in   the  requesting  Party,  notwithstanding  any  contrary
statement  in  the  request or a document related to the appearance of
the person.