Einde inhoudsopgave
Convention on offences and certain other acts committed on board aircraft
Article 3
Geldend
Geldend vanaf 01-01-2020
- Redactionele toelichting
Deze wijziging is nog niet voor alle partijen in werking getreden. Zie voor de partijgegevens het protocol van 04-04-2014, Trb. 2019, 140.
- Bronpublicatie:
04-04-2014, Trb. 2019, 140 (uitgifte: 17-09-2019, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-2020
- Bronpublicatie inwerkingtreding:
20-12-2019, Internet 2019, www.verdragenbank.overheid.nl (uitgifte: 20-12-2019, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Bijzondere onderwerpen
1.
The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.
1 bis.
A State is also competent to exercise jurisdiction over offences and acts committed on board:
- a)
as the State of landing, when the aircraft on board which the offence or act is committed lands in its territory with the alleged offender still on board; and
- b)
as the State of the operator, when the offence or act is committed on board an aircraft leased without crew to a lessee whose principal place of business or, if the lessee has no such place of business, whose permanent residence, is in that State.
2.
Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registration over offences committed on board aircraft registered in such State.
2 bis.
Each Contracting State shall also take such measures as may be necessary to establish its jurisdiction over offences committed on board aircraft in the following cases:
- a)
as the State of landing, when:
- (i)
the aircraft on board which the offence is committed has its last point of take-off or next point of intended landing within its territory, and the aircraft subsequently lands in its territory with the alleged offender still on board; and
- (ii)
the safety of the aircraft or of persons or property therein, or good order and discipline on board, is jeopardised;
- b)
as the State of the Operator, when the offence is committed on board an aircraft leased without crew to a lessee whose principal place of business or, if the lessee has no such place of business, whose permanent residence, is in that State.
2 ter.
In exercising its jurisdiction as the State of landing, a State shall consider whether the offence in question is an offence in the State of the operator.
3.
This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.