BWBV0004959
Geldig vanaf 11-06-1956
Artikel 7
Notawisseling tussen de Nederlandse en de Britse Regering inzake de uitoefening van rechten en verplichtingen welke ten aanzien van de in de Bondsrepubliek Duitsland gestationeerde Nederlandse militaire eenheden voortvloeien uit twee op 26 mei 1952 te Bonn gesloten en op 23 oktober 1954 te Parijs herziene Verdragen
1. Members of the Forces who properly identify themselves by means of an identity document issued under Article 24 of the present Convention shall not be subject to arrest by German authorities.
2. German authorities may, however, take into custody a member of the Forces, without subjecting him to the ordinary routine of arrest, in order immediately to deliver him, together with any weapons or items seized, to the nearest appropriate authorities of the Forces
(a) when so requested by the authorities of the Forces;
(b) in the following cases in which the authorities of the Forces are unable to act with the necessary promptness: (i) when apprehended in flagrante delicto (1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or
(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;
(1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or
(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;
(ii) if there is danger of flight, for the commission or attempted commission of espionage to the prejudice of the Federal Republic.
(i) when apprehended in flagrante delicto (1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or
(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;
(1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or
(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;
(ii) if there is danger of flight, for the commission or attempted commission of espionage to the prejudice of the Federal Republic.
3. (a) The German authorities may search a member of the Forces or the property in his immediate possession (i) when so requested by the authorities of the Forces;
(ii) if he is taken into custody under paragraph 2 of this Article, to the extent necessary to disarm him or to seize any item constituting proof of the criminal offence for which he is taken into custody.
(i) when so requested by the authorities of the Forces;
(ii) if he is taken into custody under paragraph 2 of this Article, to the extent necessary to disarm him or to seize any item constituting proof of the criminal offence for which he is taken into custody.
(b) The provisions of the fourth sentence of paragraph 5 of Article 35 of the present Convention shall not be affected.
(c) The official quarters of a member of the Forces, or where there are none the residence occupied by him with permission of the authorities of the Forces, may not be searched by German authorities, except at the request of the authorities of the Forces. If such residence of the member of the Forces is not an installation, either his consent or that of the authorities of the Forces to the search shall be sufficient.
4. The German authorities shall notify the appropriate authorities of the Forces of the arrest of any person working in the service of the Forces.
5. The appropriate authorities of the Forces may
(a) arrest members of the Forces;
(b) take into custody a person who is subject to German criminal jurisdiction, without subjecting him to the ordinary routine of arrest, in order immediately to deliver him, together with any weapons or items seized, to the nearest appropriate German authorities: (i) when so requested by the German authorities;
(ii) in the following cases in which the German authorities are unable to act with the necessary promptness: (1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or
(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;
(1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or
(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;
(iii) within an installation, when there are reasonable grounds to believe (dringender Verdacht) that his presence is unauthorised or that he has committed a criminal offence within the installation.
(i) when so requested by the German authorities;
(ii) in the following cases in which the German authorities are unable to act with the necessary promptness: (1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or
(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;
(1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or
(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;
(iii) within an installation, when there are reasonable grounds to believe (dringender Verdacht) that his presence is unauthorised or that he has committed a criminal offence within the installation.
6. Where the authorities of the Forces believe that a person subject to German jurisdiction has been guilty of a criminal offence under Sections 1 to 11 inclusive of Annex A to the present Convention, the following special provisions shall apply:
(a) if the suspect is to be arrested by the German authorities, the authorities of the Forces shall, if practicable, be given timely notification and may designate investigators to be present at the arrest. The latter may also be present at any searches or seizures undertaken in connection with the investigation. The authorities of the Forces shall have the exclusive right, for a period not to exceed twenty-one days following the arrest, to conduct interrogations of the suspect concerning any offences of which he is suspected and related matters. For this purpose their investigators shall have access to the suspect at any time. An official designated by the German investigating authority may be present at the interrogation, of the conduct of which such authority shall be given timely notification. The German investigating authority shall take appropriate measures to prevent any prejudice to the course of justice (Verdunkelungsgefahr) and shall refrain from any investigation activity of its own unless the investigators of the Forces request such investigation. During the interrogation by the investigators of the Forces, it shall, at their request, make the applications provided for in the German Code of Criminal Procedure and shall see to it that the judicial decisions suited to promote the investigation proceedings are issued and that the measures ordered in such decisions are carried out. At the conclusion of the investigation by the investigators of the Forces, in any event not later than twenty-one days after the arrest, the interrogations and the other investigation proceedings shall be continued by the German investigating authority. The investigators of the Forces shall deliver to the German investigating authority all evidence collected in the course of the investigation, unless security considerations require otherwise;
(b) if the suspect is not a German, the provisions of sub-paragraph (a) of this paragraph shall apply, subject to the following proviso: The appropriate authorities of the Forces may take the suspect into their own custody for a period of twenty-one days and may themselves conduct all interrogations and other investigations. For the judicial measures required for this period, a member of the Forces authorised to exercise judicial functions shall be assigned to the competent German courts as an assessor not entitled to vote.
7. The authorities of the Forces may search a person who is subject to German jurisdiction or the property in his immediate possession
(a) when so requested by the German authorities;
(b) if he is taken into custody under sub-paragraph (b) of paragraph 5 of this Article, to the extent necessary to disarm him or to seize any item constituting proof of the criminal offence for which he is taken into custody.
8. The constitutional immunities of the Federal President and the members of the German Federal and Land legislative bodies shall not be impaired by the provisions of this Article.
2. German authorities may, however, take into custody a member of the Forces, without subjecting him to the ordinary routine of arrest, in order immediately to deliver him, together with any weapons or items seized, to the nearest appropriate authorities of the Forces
(a) when so requested by the authorities of the Forces;
(b) in the following cases in which the authorities of the Forces are unable to act with the necessary promptness: (i) when apprehended in flagrante delicto (1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or
(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;
(1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or
(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;
(ii) if there is danger of flight, for the commission or attempted commission of espionage to the prejudice of the Federal Republic.
(i) when apprehended in flagrante delicto (1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or
(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;
(1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or
(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;
(ii) if there is danger of flight, for the commission or attempted commission of espionage to the prejudice of the Federal Republic.
3. (a) The German authorities may search a member of the Forces or the property in his immediate possession (i) when so requested by the authorities of the Forces;
(ii) if he is taken into custody under paragraph 2 of this Article, to the extent necessary to disarm him or to seize any item constituting proof of the criminal offence for which he is taken into custody.
(i) when so requested by the authorities of the Forces;
(ii) if he is taken into custody under paragraph 2 of this Article, to the extent necessary to disarm him or to seize any item constituting proof of the criminal offence for which he is taken into custody.
(b) The provisions of the fourth sentence of paragraph 5 of Article 35 of the present Convention shall not be affected.
(c) The official quarters of a member of the Forces, or where there are none the residence occupied by him with permission of the authorities of the Forces, may not be searched by German authorities, except at the request of the authorities of the Forces. If such residence of the member of the Forces is not an installation, either his consent or that of the authorities of the Forces to the search shall be sufficient.
4. The German authorities shall notify the appropriate authorities of the Forces of the arrest of any person working in the service of the Forces.
5. The appropriate authorities of the Forces may
(a) arrest members of the Forces;
(b) take into custody a person who is subject to German criminal jurisdiction, without subjecting him to the ordinary routine of arrest, in order immediately to deliver him, together with any weapons or items seized, to the nearest appropriate German authorities: (i) when so requested by the German authorities;
(ii) in the following cases in which the German authorities are unable to act with the necessary promptness: (1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or
(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;
(1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or
(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;
(iii) within an installation, when there are reasonable grounds to believe (dringender Verdacht) that his presence is unauthorised or that he has committed a criminal offence within the installation.
(i) when so requested by the German authorities;
(ii) in the following cases in which the German authorities are unable to act with the necessary promptness: (1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or
(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;
(1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or
(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;
(iii) within an installation, when there are reasonable grounds to believe (dringender Verdacht) that his presence is unauthorised or that he has committed a criminal offence within the installation.
6. Where the authorities of the Forces believe that a person subject to German jurisdiction has been guilty of a criminal offence under Sections 1 to 11 inclusive of Annex A to the present Convention, the following special provisions shall apply:
(a) if the suspect is to be arrested by the German authorities, the authorities of the Forces shall, if practicable, be given timely notification and may designate investigators to be present at the arrest. The latter may also be present at any searches or seizures undertaken in connection with the investigation. The authorities of the Forces shall have the exclusive right, for a period not to exceed twenty-one days following the arrest, to conduct interrogations of the suspect concerning any offences of which he is suspected and related matters. For this purpose their investigators shall have access to the suspect at any time. An official designated by the German investigating authority may be present at the interrogation, of the conduct of which such authority shall be given timely notification. The German investigating authority shall take appropriate measures to prevent any prejudice to the course of justice (Verdunkelungsgefahr) and shall refrain from any investigation activity of its own unless the investigators of the Forces request such investigation. During the interrogation by the investigators of the Forces, it shall, at their request, make the applications provided for in the German Code of Criminal Procedure and shall see to it that the judicial decisions suited to promote the investigation proceedings are issued and that the measures ordered in such decisions are carried out. At the conclusion of the investigation by the investigators of the Forces, in any event not later than twenty-one days after the arrest, the interrogations and the other investigation proceedings shall be continued by the German investigating authority. The investigators of the Forces shall deliver to the German investigating authority all evidence collected in the course of the investigation, unless security considerations require otherwise;
(b) if the suspect is not a German, the provisions of sub-paragraph (a) of this paragraph shall apply, subject to the following proviso: The appropriate authorities of the Forces may take the suspect into their own custody for a period of twenty-one days and may themselves conduct all interrogations and other investigations. For the judicial measures required for this period, a member of the Forces authorised to exercise judicial functions shall be assigned to the competent German courts as an assessor not entitled to vote.
7. The authorities of the Forces may search a person who is subject to German jurisdiction or the property in his immediate possession
(a) when so requested by the German authorities;
(b) if he is taken into custody under sub-paragraph (b) of paragraph 5 of this Article, to the extent necessary to disarm him or to seize any item constituting proof of the criminal offence for which he is taken into custody.
8. The constitutional immunities of the Federal President and the members of the German Federal and Land legislative bodies shall not be impaired by the provisions of this Article.
- Citeren als
- Art. 7
- Geldig vanaf
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- Geldend recht
- Identificatie
- BWBV0004959
- Officiële bron
- wetten.overheid.nl