Article 9 Non bis in idem

Geldend

Documentgegevens:

Geldend vanaf 20-08-1979

Redactionele toelichting: Deze versie is nog niet voor alle partijen in werking getreden. Zie voor de partijgegevens het Aanvullende Protocol van 15-10-1975, Trb. 1979, 119.
Bronpublicatie:: 15-10-1975, Trb. 1979, 119 (uitgifte: 14-08-1979, kamerstukken/regelingnummer: -)
Inwerkingtreding: 20-08-1979
Bronpublicatie inwerkingtreding:: 15-10-1975, Trb. 1979, 119 (uitgifte: 14-08-1979, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Uitlevering en overlevering
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen

1.

Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or to terminate proceedings in respect of the same offence or offences.

2.

The extradition of a person against whom a final judgment has been rendered in a third State, Contracting Party to the Convention, for the offence or offences in respect of which the claim was made, shall not be granted:

a.

if the afore-mentioned judgment resulted in his acquittal;

b.

if the term of imprisonment of other measure to which he was sentenced:

i.: has been completely enforced;
ii.: has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty;

c.

if the court convicted the offender without imposing a sanction.

3.

However, in the cases referred to in paragraph 2, extradition may be granted:

a.: if the offence in respect of which judgment has been rendered was committed against a person, an institution or any thing having public status in the requesting State;
b.: if the person on whom judgment was passed had himself a public status in the requesting State;
c.: if the offence in respect of which judgment was passed was committed completely or partly in the territory of the requesting State or in a place treated as its territory.

4.

The provisions of paragraphs 2 and 3 shall not prevent the application of wider domestic provisions relating to the effect of ne bis in idem attached to foreign criminal judgments.