Einde inhoudsopgave
Second Additional Protocol to the European Convention on mutual assistance in criminal matters
Article 13 Temporary transfer of detained persons to the requested Party
Geldend
Geldend vanaf 01-02-2004
- Bronpublicatie:
08-11-2001, Trb. 2002, 30 (uitgifte: 18-02-2002, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-02-2004
- Bronpublicatie inwerkingtreding:
27-08-2008, Trb. 2008, 157 (uitgifte: 01-01-2008, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Europees strafrecht en strafprocesrecht
1.
Where there is agreement between the competent authorities of the Parties concerned, a Party which has requested an investigation for which the presence of a person held in custody on its own territory is required may temporarily transfer that person to the territory of the Party in which the investigation is to take place.
2.
The agreement shall cover the arrangements for the temporary transfer of the person and the date by which the person must be returned to the territory of the requesting Party.
3.
Where consent to the transfer is required from the person concerned, a statement of consent or a copy thereof shall be provided promptly to the requested Party.
4.
The transferred person shall remain in custody in the territory of the requested Party and, where applicable, in the territory of the Party through which transit is requested, unless the Party from which the person was transferred applies for his or her release.
5.
The period of custody in the territory of the requested Party shall be deducted from the period of detention which the person concerned is or will be obliged to undergo in the territory of the requesting Party.
6.
The provisions of Article 11, paragraph 2, and Article 12 of the Convention shall apply mutatis mutandis.
7.
Any Contracting State may at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that before an agreement is reached under paragraph 1 of this article, the consent referred to in paragraph 3 of this article will be required, or will be required under certain conditions indicated in the declaration.