Einde inhoudsopgave
Convention, established by the Council in accordance with article 34 of the Treaty on European Union, on Mutual Assistance in criminal matters between the Member States of the European Union
Article 5 Sending and service of procedural documents
Geldend
Geldend vanaf 23-08-2005
- Bronpublicatie:
29-05-2000, Trb. 2000, 96 (uitgifte: 01-09-2000, kamerstukken/regelingnummer: -)
- Inwerkingtreding
23-08-2005
- Bronpublicatie inwerkingtreding:
11-11-2005, Trb. 2005, 280 (uitgifte: 01-01-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Justitiële en politionele samenwerking
1.
Each Member State shall send procedural documents intended for persons who are in the territory of another Member State to them directly by post.
2.
Procedural documents may be sent via the competent authorities of the requested Member State only if:
- (a)
the address of the person for whom the document is intended is unknown or uncertain; or
- (b)
the relevant procedural law of the requesting Member State requires proof of service of the document on the addressee, other than proof that can be obtained by post; or
- (c)
it has not been possible to serve the document by post; or
- (d)
the requesting Member State has justified reasons for considering that dispatch by post will be ineffective or is inappropriate.
3.
Where there is reason to believe that the addressee does not understand the language in which the document is drawn up, the document, or at least the important passages thereof, must be translated into (one of) the language(s) of the Member State in the territory of which the addressee is staying. If the authority by which the procedural document was issued knows that the addressee understands only some other language, the document, or at least the important passages thereof, must be translated into that other language.
4.
All procedural documents shall be accompanied by a report stating that the addressee may obtain information from the authority by which the document was issued or from other authorities in that Member State regarding his or her rights and obligations concerning the document. Paragraph 3 shall also apply to that report.
5.
This Article shall not affect the application of Articles 8, 9 and 12 of the European Mutual Assistance Convention and Articles 32, 34 and 35 of the Benelux Treaty.