BWBV0006683
Geldig vanaf 28-08-2018
Artikel 14
Verdrag tussen het Koninkrijk der Nederlanden en Oekraïne inzake internationale juridische samenwerking met betrekking tot misdrijven die verband houden met het neerhalen van vlucht MH17 van Malaysia Airlines op 17 juli 2014
1. Except as provided in paragraph 2 of this Article, a judgment in absentia means any judgment rendered after criminal proceedings at the hearing of which the accused person was not personally present.
2. The following shall not be considered as judgments in absentia:
a) any judgment rendered after the sentenced person has specifically authorized legal counsel to represent him or her in court, in accordance with the Dutch Code of Criminal Procedure;
b) any judgment rendered after a hearing of the sentenced person by videoconference, in accordance with Article 8 of this Agreement;
c) any judgment rendered in absentia on appeal, provided that the appeal from the judgment of the court of first instance was lodged by the person sentenced;
d) any judgment rendered in absentia against which no appeal has been lodged after the sentenced person has been notified in accordance with paragraph 4 of this Article.
3. A judgment in absentia may, as soon as it has been rendered, be transmitted to Ukraine for the purpose of notification and with a view to enforcement.
4. Ukraine shall ensure that the person sentenced is personally notified of the judgment in absentia. In the notification the following information provided by the Kingdom of the Netherlands shall be given:
a) that a request for enforcement has been presented in accordance with this Agreement;
b) that the judgment may be appealed in accordance with the Dutch Code of Criminal Procedure;
c) that the appeal must be lodged with such authority as may be specified;
d) that, if no appeal is lodged within the prescribed period, the judgment will, for the purpose of this Agreement, be considered as having been rendered after a hearing of the accused.
5. A certificate of the notification, referred to in paragraph 4 of this Article, shall be sent promptly to the authority requesting enforcement.
2. The following shall not be considered as judgments in absentia:
a) any judgment rendered after the sentenced person has specifically authorized legal counsel to represent him or her in court, in accordance with the Dutch Code of Criminal Procedure;
b) any judgment rendered after a hearing of the sentenced person by videoconference, in accordance with Article 8 of this Agreement;
c) any judgment rendered in absentia on appeal, provided that the appeal from the judgment of the court of first instance was lodged by the person sentenced;
d) any judgment rendered in absentia against which no appeal has been lodged after the sentenced person has been notified in accordance with paragraph 4 of this Article.
3. A judgment in absentia may, as soon as it has been rendered, be transmitted to Ukraine for the purpose of notification and with a view to enforcement.
4. Ukraine shall ensure that the person sentenced is personally notified of the judgment in absentia. In the notification the following information provided by the Kingdom of the Netherlands shall be given:
a) that a request for enforcement has been presented in accordance with this Agreement;
b) that the judgment may be appealed in accordance with the Dutch Code of Criminal Procedure;
c) that the appeal must be lodged with such authority as may be specified;
d) that, if no appeal is lodged within the prescribed period, the judgment will, for the purpose of this Agreement, be considered as having been rendered after a hearing of the accused.
5. A certificate of the notification, referred to in paragraph 4 of this Article, shall be sent promptly to the authority requesting enforcement.
- Citeren als
- Art. 14
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006683
- Officiële bron
- wetten.overheid.nl