---
title: "Recital 23"
url: "https://prighter.com/resources/laws/e-evidence-regulation/recitals/recital-23"
type: "recital"
date: "2026-10-19T14:41:13.206Z"
---

# Recital 23

As proceedings for mutual legal assistance might be considered as criminal proceedings in accordance with applicable national law in the Member States, it should be clarified that a European Production Order or a European Preservation Order should not be issued to provide mutual legal assistance to another Member State or a third country. In such cases, the mutual legal assistance request should be addressed to the Member State or third country which can provide mutual legal assistance under its national law.

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