European Convention on the Transfer of Proceedings in Criminal Matters:Article 8 [Gevallen waarin verzoek tot strafvervolging kan worden gedaan]

European Convention on the Transfer of Proceedings in Criminal Matters

Article 8 [Gevallen waarin verzoek tot strafvervolging kan worden gedaan]

Geldend

Documentgegevens:

Geldend vanaf 30-03-1978

Bronpublicatie:: 15-05-1972, Trb. 1973, 84 (uitgifte: 05-06-1973, kamerstukken/regelingnummer: -)
Inwerkingtreding: 30-03-1978
Bronpublicatie inwerkingtreding:: 02-05-1985, Trb. 1985, 65 (uitgifte: 01-01-1985, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Overdracht en overname strafvervolging
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen

1.

A Contracting State may request another Contracting State to take proceedings in any one or more of the following cases:

(a): if the suspected person is ordinarily resident in the requested State;
(b): if the suspected person is a national of the requested State or if that State is his State of origin;
(c): if the suspected person is undergoing or is to undergo a sentence involving deprivation of liberty in the requested State;
(d): if proceedings for the same or other offences are being taken against the suspected person in the requested State;
(e): if it considers that transfer of the proceedings is warranted in the interests of arriving at the truth and in particular that the most important items of evidence are located in the requested State;
(f): if it considers that the enforcement in the requested State of a sentence if one were passed is likely to improve the prospects for the social rehabilitation of the person sentenced;
(g): if it considers that the presence of the suspected person cannot be ensured at the hearing of proceedings in the requesting State and that his presence in person at the hearing of proceedings in the requested State can be ensured;
(h): if it considers that it could not itself enforce a sentence if one were passed, even by having recourse to extradition, and that the requested State could do so.

2.

Where the suspected person has been finally sentenced in a Contracting State, that State may request the transfer of proceedings in one or more of the cases referred to in paragraph 1 of this Article only if it cannot itself enforce the sentence, even by having recourse to extradition, and if the other Contracting State does not accept enforcement of a foreign judgment as a matter of principle or refuses to enforce such sentence.