BWBV0005381
Geldig vanaf 01-07-1963
Artikel 75
Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
1. (a) Except in a case where the accused is a German, neither Article 19 of the present Agreement nor paragraphs 1, 2 and 3 of Article VII of the NATO Status of Forces Agreement shall apply to an offence alleged to have been committed by a member of the forces prior to the entry into force of the present Agreement where before that date (i) proceedings in respect of such offence have been initiated or terminated by an authority of a force exercising judicial powers, or
(ii) the prosecution of the offence became barred, under the law of the sending State concerned, by the expiry of a prescribed period of time.
(i) proceedings in respect of such offence have been initiated or terminated by an authority of a force exercising judicial powers, or
(ii) the prosecution of the offence became barred, under the law of the sending State concerned, by the expiry of a prescribed period of time.
(b) Where proceedings are pending at the date of entry into force of the present Agreement, the provisions of the Forces Convention concerning the exercise of jurisdiction over offences committed by such members shall continue to have effect for those proceedings, as if that Convention were still in force, until the conclusion of the proceedings, provided notification of the cases so pending shall be made to the German authorities within a period of ten days after that date.
2. In imposing a penalty in respect of an offence committed prior to the entry into force of the present Agreement, the German court or authority shall give due consideration to the penalty prescribed by the law of the sending State to which the accused was subject at the time of the commission of the offence, if it appears that such penalty is lighter than that prescribed by German law.
(ii) the prosecution of the offence became barred, under the law of the sending State concerned, by the expiry of a prescribed period of time.
(i) proceedings in respect of such offence have been initiated or terminated by an authority of a force exercising judicial powers, or
(ii) the prosecution of the offence became barred, under the law of the sending State concerned, by the expiry of a prescribed period of time.
(b) Where proceedings are pending at the date of entry into force of the present Agreement, the provisions of the Forces Convention concerning the exercise of jurisdiction over offences committed by such members shall continue to have effect for those proceedings, as if that Convention were still in force, until the conclusion of the proceedings, provided notification of the cases so pending shall be made to the German authorities within a period of ten days after that date.
2. In imposing a penalty in respect of an offence committed prior to the entry into force of the present Agreement, the German court or authority shall give due consideration to the penalty prescribed by the law of the sending State to which the accused was subject at the time of the commission of the offence, if it appears that such penalty is lighter than that prescribed by German law.
- Citeren als
- Art. 75
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005381
- Officiële bron
- wetten.overheid.nl