European Convention on the Transfer of Proceedings in Criminal Matters:artikel 11

European Convention on the Transfer of Proceedings in Criminal Matters

Article 11 [Weigering aanvaarding verzoek]

Geldend

Documentgegevens:

Geldend vanaf 30-03-1978

Bronpublicatie:: 15-05-1972, Trb. 1973, 84 (uitgifte: 05-06-1973, kamerstukken/regelingnummer: -)
Inwerkingtreding: 30-03-1978
Bronpublicatie inwerkingtreding:: 02-05-1985, Trb. 1985, 65 (uitgifte: 01-01-1985, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Overdracht en overname strafvervolging
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen

Save as provided for in Article 10 the requested State may not refuse acceptance of the request in whole or in part, except in any one or more of the following cases:

(a): if it considers that the grounds on which the request is based under Article 8 are not justified;
(b): if the suspected person is not ordinarily resident in the requested State;
(c): if the suspected person is not a national of the requested State and was not ordinarily resident in the territory of that State at the time of the offence;
(d): if it considers that the offence for which proceedings are requested is an offence of a political nature or a purely military or fiscal one;
(e): if it considers that there are substantial grounds for believing that the request for proceedings was motivated by considerations of race, religion, nationality or political opinion;
(f): if its own law is already applicable to the offence and if at the time of the receipt of the request proceedings were precluded by lapse of time according to that law; Article 26, paragraph 2, shall not apply in such a case;
(g): if its competence is exclusively grounded on Article 2 and if at the time of the receipt of the request proceedings would be precluded by lapse of time according to its law, the prolongation of the time-limit by six months under the terms of Article 23 being taken into consideration;
(h): if the offence was committed outside the territory of the requesting State;
(i): if proceedings would be contrary to the international undertakings of the requested State;
(j): if proceedings would be contrary to the fundamental principles of the legal system of the requested State;
(k): if the requesting State has violated a rule of procedure laid down in this Convention.