Verdrag tussen het Koninkrijk der Nederlanden en het Verenigd Koninkrijk van Groot-Britannië en Ierland tot uitlevering van misdadigers
Article XII
Geldend
Geldend vanaf 14-03-1899
- Bronpublicatie:
26-09-1898, Stb. 1899, 15 (uitgifte: 07-01-1899, kamerstukken/regelingnummer: -)
- Inwerkingtreding
14-03-1899
- Bronpublicatie inwerkingtreding:
26-09-1898, Stb. 1899, 15 (uitgifte: 07-01-1899, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Uitlevering en overlevering
If the fugitive have been arrested in the dominions of the Netherlands the officer of justice shall prefer a requisition within three days after the arrest, or, if the arrest have not taken place, or if it have taken place prior to the application for extradition, then within three days after the receipt of authority for that purpose from the Netherland Government in order that the person claimed may be interrogated by the Court, and that it may express its opinion as to the grant or refusal of extradition.
Within fourteen days after the interrogatory the Court shall forward its opinion and its decision, with the papers in the case, to the Minister of Justice.
The extradition shall only be granted on the production, either in original or in authenticated copy -
- 1.
Of a conviction; or,
- 2
- (a)
Of a warrant of arrest (which, bij the law of the British dominions, is the only document which is granted when it is adjudged upon evidence taken on oath that the accused ought to be taken into custody), issued in the form prescribed by British law, and indicating the offence in question sufficiently to enable the Netherland Government to decide wheter it constitutes, in contemplation of Netherland law, a case provided for by the present Treaty; and,
- (b)
Of the evidence
In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the Netherland dominions shall admit as valid evidence depositions or statements on oath, or the affirmations of witnesses taken in the British dominions, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction, provided the same are authenticated as follows: -
- 1.
A warrant must purport to be signed by a Judge, Magistrate, or officer of the British dominions.
- 2.
Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or officer of the British dominions, to be the original depositions or affirmations, or to be true copies thereof, as the case may require.
- 3.
A certificate of, or judicial document stating the fact of, a conviction, must purport to be certified by a Judge, Magistrate, or officer of the British dominions.
- 4.
In every case such warrant, deposition, affirmation, copy certificate, or judicial document must be authenticated either by the oath of some witness, or by being sealed with the official seal of one of the Principal Secretaries of State, or some other Minister of State of the British dominions, but any other mode of authentication for the time being permitted by law in that part of the dominions of the Netherlands where the examination is taken may be substituted for the foregoing.