Article 14 Rule of speciality

Geldend

Documentgegevens:

Geldend vanaf 18-04-1960

Bronpublicatie:: 13-12-1957, Trb. 1965, 9 (uitgifte: 04-02-1965, kamerstukken/regelingnummer: -)
Inwerkingtreding: 18-04-1960
Bronpublicatie inwerkingtreding:: 13-12-1957, Trb. 1965, 9 (uitgifte: 04-02-1965, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Uitlevering en overlevering
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen

1.

A person who has been extradited shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited, nor shall he be for any other reason restricted in his personal freedom, except in the following cases:

(a): When the Party which surrendered him consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 12 and a legal record of any statement made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention;
(b): when that person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it.

2.

The requesting Party may, however, take any measures necessary to remove the person from its territory, or any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time.

3.

When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.