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Back 4. Is the use of the Convention and its additional Protocol reserved to judges?

No. In civil and commercial matters, the request may be made by a judicial authority, or by another authority authorised by a judicial authority. For states parties to the additional Protocol, the request may also be made by any authority or person acting within the framework of an official system of legal aid or advice on behalf of economically disadvantaged persons.

In criminal cases, under the additional Protocol, the request may be made by a court or by any judicial authority with jurisdiction over prosecution or the enforcement of final sentences.

However, in accordance with the additional Protocol, the question must pass through the transmitting agency designated by the requesting state and the reply must be sent via the transmitting agency designated by the requested state (see question 7).