Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests:artikel 5

Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests

Article 5 Extradition and prosecution

Geldend

Documentgegevens:

Geldend vanaf 17-10-2002

Bronpublicatie:: 26-07-1995, Trb. 1995, 289 (uitgifte: 21-12-1995, kamerstukken/regelingnummer: -)
Inwerkingtreding: 17-10-2002
Bronpublicatie inwerkingtreding:: 09-10-2002, Trb. 2002, 174 (uitgifte: 01-01-2002, kamerstukken/regelingnummer: -)
Vakgebied(en): EU-recht / Financiering
Internationaal strafrecht / Europees strafrecht en strafprocesrecht

1.

Any Member State which, under its law, does not extradite its own nationals shall take the necessary measures to establish its jurisdiction over the offences it has established in accordance with Articles 1 and 2(1), when committed by its own nationals outside its territory.

2.

Each Member State shall, when one of its nationals is alleged to have committed in another Member State a criminal offence involving the conduct described in Articles 1 and 2(1), and it does not extradite that person to that other Member State solely on the ground of his or her nationality, submit the case to its competent authorities for the purpose of prosecution if appropriate. In order to enable prosecution to take place, the files, information and exhibits relating to the offence shall be transmitted in accordance with the procedures laid down in Article 6 of the European Convention on Extradition. The requesting Member State shall be informed of the prosecution initiated and of its outcome.

3.

A Member State may not refuse extradition in the event of fraud affecting the European Communities' financial interests for the sole reason that it concerns a tax or customs duty offence.

4.

For the purposes of this Article, a Member State's own nationals shall be construed in accordance with any declaration made by it under Article 6(1)(b) of the European Convention on Extradition and with paragraph 1(c) of that Article.