BWBV0006928
Geldig vanaf 01-08-2023
Artikel 5
Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake wederzijdse rechtshulp in strafzaken
1. Assistance shall be refused if:
a) the request relates to an offence that is regarded by the Requested Party as a political offence. The following offences shall not be considered as political offences: – for the United Arab Emirates; assault against the President of the State or his Deputy, the Head of Government, or any member of their families, or any Member of the Supreme Council or any member of their families;
– for the Kingdom of the Netherlands: assault against the King, or any member of his family;
– terrorist offences, terrorist financing offences or any other offence not considered as a political offence under any international treaty to which both Parties are a party;
– for the United Arab Emirates; assault against the President of the State or his Deputy, the Head of Government, or any member of their families, or any Member of the Supreme Council or any member of their families;
– for the Kingdom of the Netherlands: assault against the King, or any member of his family;
– terrorist offences, terrorist financing offences or any other offence not considered as a political offence under any international treaty to which both Parties are a party;
b) the request relates to an offence under military law;
c) there are substantial grounds for believing that the request for assistance has been made for the purpose of investigating, prosecuting or punishing a person on account of that person’s race, sex, religion, nationality or political opinions, or that the request for assistance will result in that person being prejudiced for any of those reasons;
d) the provision of the assistance would impair the sovereignty, security, public order or other essential interests of the state of the Requested Party.
2. Assistance may be refused if:
a) the act or omission alleged to constitute the offence to which the request relates, would not, if it had taken place within the jurisdiction of the Requested Party, have constituted an offence;
b) the request relates to an offence which is subject to investigation, prosecution or proceeding in the Requested Party under its own jurisdiction;
c) the execution of the request would be contrary to the principle of ne bis in idem.
3. Assistance shall not be refused:
a) solely on the ground of secrecy of banks and institutions providing financial services; or
b) where the request relates to criminal offences involving duties, taxes or customs, on the grounds that the evasion of duties, taxes or customs is not a criminal offence in the Requested Party or on the grounds that no equivalent duties, taxes or customs are imposed there.
4. Before refusing a request for assistance the Central Authority of the Requested Party shall consult with the Central Authority of the Requesting Party whether assistance may be provided subject to a guarantee that the death penalty or corporal punishment will not be imposed and if imposed, will not be carried out, or such other guarantees and conditions as the competent authority concerned deems necessary.
5. If the Requested Party refuses assistance, it shall promptly inform the Requesting Party thereof as well as the reasons for the refusal.
a) the request relates to an offence that is regarded by the Requested Party as a political offence. The following offences shall not be considered as political offences: – for the United Arab Emirates; assault against the President of the State or his Deputy, the Head of Government, or any member of their families, or any Member of the Supreme Council or any member of their families;
– for the Kingdom of the Netherlands: assault against the King, or any member of his family;
– terrorist offences, terrorist financing offences or any other offence not considered as a political offence under any international treaty to which both Parties are a party;
– for the United Arab Emirates; assault against the President of the State or his Deputy, the Head of Government, or any member of their families, or any Member of the Supreme Council or any member of their families;
– for the Kingdom of the Netherlands: assault against the King, or any member of his family;
– terrorist offences, terrorist financing offences or any other offence not considered as a political offence under any international treaty to which both Parties are a party;
b) the request relates to an offence under military law;
c) there are substantial grounds for believing that the request for assistance has been made for the purpose of investigating, prosecuting or punishing a person on account of that person’s race, sex, religion, nationality or political opinions, or that the request for assistance will result in that person being prejudiced for any of those reasons;
d) the provision of the assistance would impair the sovereignty, security, public order or other essential interests of the state of the Requested Party.
2. Assistance may be refused if:
a) the act or omission alleged to constitute the offence to which the request relates, would not, if it had taken place within the jurisdiction of the Requested Party, have constituted an offence;
b) the request relates to an offence which is subject to investigation, prosecution or proceeding in the Requested Party under its own jurisdiction;
c) the execution of the request would be contrary to the principle of ne bis in idem.
3. Assistance shall not be refused:
a) solely on the ground of secrecy of banks and institutions providing financial services; or
b) where the request relates to criminal offences involving duties, taxes or customs, on the grounds that the evasion of duties, taxes or customs is not a criminal offence in the Requested Party or on the grounds that no equivalent duties, taxes or customs are imposed there.
4. Before refusing a request for assistance the Central Authority of the Requested Party shall consult with the Central Authority of the Requesting Party whether assistance may be provided subject to a guarantee that the death penalty or corporal punishment will not be imposed and if imposed, will not be carried out, or such other guarantees and conditions as the competent authority concerned deems necessary.
5. If the Requested Party refuses assistance, it shall promptly inform the Requesting Party thereof as well as the reasons for the refusal.
- Citeren als
- Art. 5
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006928
- Officiële bron
- wetten.overheid.nl