Second additional Protocol to the European Convention on Extradition
Article 3 [Uitlevering voor verstekvonnissen]
Geldend
Geldend vanaf 05-06-1983
- Bronpublicatie:
17-03-1978, Trb. 1979, 120 (uitgifte: 14-08-1979, kamerstukken/regelingnummer: -)
- Inwerkingtreding
05-06-1983
- Bronpublicatie inwerkingtreding:
22-04-1983, Trb. 1983, 70 (uitgifte: 01-01-1983, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen
The Convention shall be supplemented by the following provisions:
‘Judgments in absentia
1
When a Contracting Party requests from another Contracting Party the extradition of a person for the purpose of carrying out a sentence or detention order imposed by a decision rendered against him in absentia, the requested Party may refuse to extradite for this purpose if, in its opinion, the proceedings leading to the judgment did not satisfy the minimum rights of defence recognised as due to everyone charged with criminal offence. However, extradition shall be granted if the requesting Party gives an assurance considered sufficient to guarantee to the person claimed the right to a retrial which safeguards the rights of defence. This decision will authorise the requesting Party either to enforce the judgment in question if the convicted person does not make an opposition or, if he does, to take proceedings against the person extradited.
2
When the requested Party informs the person whose extradition has been requested of the judgment rendered against him in absentia, the requesting Party shall not regard this communication as a formal notification for the purposes of the criminal procedure in that State.’