Article 36 Penal provisions

Geldend

Documentgegevens:

Geldend vanaf 13-12-1964

Bronpublicatie:: 30-03-1961, Trb. 1962, 30 (uitgifte: 12-04-1962, kamerstukken/regelingnummer: -)
Inwerkingtreding: 13-12-1964
Bronpublicatie inwerkingtreding:: 13-08-1965, Trb. 1965, 136 (uitgifte: 13-08-1965, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Bijzondere onderwerpen

1.

Subject to its constitutional limitations, each Party shall adopt such measures as will ensure that cultivation, production, manufacture, extraction, preparation, possession, offering, offering for sale, distribution, purchase, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation and exportation of drugs contrary to the provisions of this Convention, and any other action which in the opinion of such Party may be contrary to the provisions of this Convention, shall be punishable offences when committed intentionally, and that serious offences shall be liable to adequate punishment particularly by imprisonment or other penalties of deprivation of liberty.

2.

Subject to the constitutional limitations of a Party, its legal system and domestic law,

(a)

(i): Each of the offences enumerated in paragraph 1, if committed in different countries, shall be considered as a distinct offence;
(ii): Intentional participation in, conspiracy to commit and attemps to commit, any of such offences, and preparatory acts and financial operations in connexion with the offences referred to in this article, shall be punishable offences as provided in paragraph 1;
(iii): Foreign convictions for such offences shall be taken into account for the purpose of establishing recidivism; and
(iv): Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.

(b)

It is desirable that the offences referred to in paragraph 1 and paragraph 2 (a) (ii) be included as extradition crimes in any extradition treaty which has been or may hereafter be concluded between any of the Parties, and, as between any of the Parties which do not make extradition conditional on the existence of a treaty or on reciprocity, be recognized as extradition crimes; provided that extradition shall be granted in conformity with the law of the Party to which application is made, and that the Party shall have the right to refuse to effect the arrest or grant the extradition in cases where the competent authorities consider that the offence is not sufficiently serious.

3.

The provisions of this article shall be subject to the provisions of the criminal law of the Party concerned on questions of jurisdiction.

4.

Nothing contained in this article shall affect the principle that the offences to which it refers shall be defined, prosecuted and punished in conformity with the domestic law of a Party.