MLAT requests can be challenged on several grounds: dual criminality failure (the alleged conduct is not criminal in the requested state), political motivation, violation of human rights standards, or procedural defects in the request itself. Courts also scrutinize whether the request is a disguised ‘fishing expedition’ lacking specificity. In the UK, judicial review is available; in Switzerland, appeals go to the Federal Criminal Court within 30 days. Success rates improve significantly when you can demonstrate the request originates from a state with documented rule-of-law deficiencies or that disclosure would breach banking secrecy protections unlawfully.
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