Second Additional Protocol to the European Convention on mutual assistance in criminal matters:artikel 3

Second Additional Protocol to the European Convention on mutual assistance in criminal matters

Article 3 Temporary transfer of detained persons to the territory of the requesting Party

Geldend

Documentgegevens:

Geldend vanaf 01-02-2004

Bronpublicatie:: 08-11-2001, Trb. 2002, 30 (uitgifte: 18-02-2002, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-02-2004
Bronpublicatie inwerkingtreding:: 27-08-2008, Trb. 2008, 157 (uitgifte: 01-01-2008, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Europees strafrecht en strafprocesrecht

Article 11 of the Convention shall be replaced by the following provisions:

1

A person in custody whose personal appearance for evidentiary purposes other than for standing trial is applied for by the requesting Party shall be temporarily transferred to its territory, provided that he or she shall be sent back within the period stipulated by the requested Party and subject to the provisions of Article 12 of this Convention, in so far as these are applicable.

Transfer may be refused if:

a): the person in custody does not consent;
b): his or her presence is necessary at criminal proceedings pending in the territory of the requested Party;
c): transfer is liable to prolong his or her detention, or
d): there are other overriding grounds for not transferring him or her to the territory of the requesting Party.

2

Subject to the provisions of Article 2 of this Convention, in a case coming within paragraph 1, transit of the person in custody through the territory of a third Party, shall be granted on application, accompanied by all necessary documents, addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the Party through whose territory transit is requested. A Party may refuse to grant transit to its own nationals.

3

The transferred person shall remain in custody in the territory of the requesting Party and, where applicable, in the territory of the Party through which transit is requested, unless the Party from whom transfer is requested applies for his or her release.