Einde inhoudsopgave
European Convention on the international validity of criminal judgments
Article 6 [Gevallen waarin verzoek mag worden geweigerd]
Geldend
Geldend vanaf 26-07-1974
- Bronpublicatie:
28-05-1970, Trb. 1971, 137 (uitgifte: 11-08-1971, kamerstukken/regelingnummer: -)
- Inwerkingtreding
26-07-1974
- Bronpublicatie inwerkingtreding:
28-10-1987, Trb. 1987, 162 (uitgifte: 01-01-1987, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Overdracht en overname strafvervolging
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen
Enforcement requested in accordance with the foregoing provisions may not be refused, in whole or in part, save:
- (a)
where enforcement would run counter to the fundamental principles of the legal system of the requested State;
- (b)
where the requested State considers the offence for which the sentence was passed to be of a political nature or a purely military one;
- (c)
where the requested State considers that there are substantial grounds for believing that the sentence was brought about or aggravated by considerations of race, religion, nationality or political opinion;
- (d)
where enforcement would be contrary to the international undertakings of the requested State;
- (e)
where the act is already the subject of proceedings in the requested State or where the requested State decides to institute proceedings in respect of the act;
- (f)
where the competent authorities in the requested State have decided not to take proceedings or to drop proceedings already begun, in respect of the same act;
- (g)
where the act was committed outside the territory of the requesting State;
- (h)
where the requested State is unable to enforce the sanction;
- (i)
where the request is grounded on Article 5(e) and none of the other conditions mentioned in that Article is fulfilled;
- (j)
where the requested State considers that the requesting State is itself able to enforce the sanction;
- (k)
where the age of the person sentenced at the time of the offence was such that he could not have been prosecuted in the requested State;
- (l)
where under the law of the requested State the sanction imposed can no longer be enforced because of the lapse of time;
- (m)
where and to the extent that the sentence imposes a disqualification.