BWBV0006927
Geldig vanaf 01-08-2023
Artikel 2
Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake uitlevering
1. In accordance with the provision of this Agreement extradition shall be granted when:
a) the request for extradition is made to carry out criminal proceedings and the offence is punishable, pursuant to the law of both Parties, by a sentence of at least one year.
b) the request for extradition is made for executing a final sentence for an offence punishable pursuant to the law of both Parties and, at the moment of submission of the request, the length of the sentence still to be served is at least six months.
2. In determining whether an offence is an offence punishable under the laws of both Parties, it shall not matter whether:
a) the laws of the Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology;
b) under the laws of the Parties the constituent elements of the offence differ, it being understood that the totality of the acts or omissions as presented by the Requesting Party shall be taken into account.
3. If the request for extradition includes several separate offences each of which is punishable under the laws of both Parties, but some of which do not fulfil the other conditions set out in Paragraph 1 of this Article, the Requested Party may grant extradition for the latter offences provided that the person is to be extradited for at least one other extraditable offence.
4. For the purposes of Paragraph 1 of this Article, extradition shall be granted also if the offence for which it is requested was committed outside of the territory of the Requesting Party, provided that the laws of the Requested Party allow the prosecution of an offence of the same nature committed outside of its territory.
a) the request for extradition is made to carry out criminal proceedings and the offence is punishable, pursuant to the law of both Parties, by a sentence of at least one year.
b) the request for extradition is made for executing a final sentence for an offence punishable pursuant to the law of both Parties and, at the moment of submission of the request, the length of the sentence still to be served is at least six months.
2. In determining whether an offence is an offence punishable under the laws of both Parties, it shall not matter whether:
a) the laws of the Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology;
b) under the laws of the Parties the constituent elements of the offence differ, it being understood that the totality of the acts or omissions as presented by the Requesting Party shall be taken into account.
3. If the request for extradition includes several separate offences each of which is punishable under the laws of both Parties, but some of which do not fulfil the other conditions set out in Paragraph 1 of this Article, the Requested Party may grant extradition for the latter offences provided that the person is to be extradited for at least one other extraditable offence.
4. For the purposes of Paragraph 1 of this Article, extradition shall be granted also if the offence for which it is requested was committed outside of the territory of the Requesting Party, provided that the laws of the Requested Party allow the prosecution of an offence of the same nature committed outside of its territory.
- Wet
- Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake uitlevering
- Citeren als
- Art. 2
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006927
- Officiële bron
- wetten.overheid.nl