BWBV0006935
Artikel V
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Staat Israël inzake de status van hun strijdkrachten
1. The Sending State shall have the primary right to exercise criminal jurisdiction over the Personnel of the Sending State in relation to the following offences occurring during a visit for the purposes of the Military Activities:
a) offences arising out of an act or omission done in the performance of official duty; or,
b) offences solely against the property or security of the Sending State; or,
c) offences solely against the person or property of another member of the Personnel of the Sending State.
Whenever the Sending State decides to exercise its primary jurisdiction in accordance with this paragraph, the Receiving State shall refrain from exercising any criminal jurisdiction over the Personnel of the Sending State involved in the offences.
2. In the event that the Sending State does not intend to exercise its primary right to criminal jurisdiction as provided in paragraph 1 of this Article, the Sending State shall notify the Receiving State as soon as practicable, and in writing, of its intention to waive its primary right to exercise criminal jurisdiction. In such case, the Receiving State may exercise its criminal jurisdiction.
3. The Receiving State shall have the primary right to exercise criminal jurisdiction over the Personnel of the Sending State, located in the territory of the Receiving State, solely with regards to offences arising out of acts or omissions which satisfy all of the following conditions:
a) conducted by the Personnel of the Sending State within the territory of the Receiving State or on board a vessel or aircraft registered in the Receiving State; and
b) conducted during a visit for the purposes of the Military Activities; and
c) not covered by paragraph 1 of this Article.
4. In the event that the Receiving State does not intend to exercise its primary right to jurisdiction as provided in paragraph 3 above, the Receiving State shall notify the Sending State as soon as practicable, and in writing, of its intention to waive its primary right to exercise jurisdiction. In such case, the Sending State may exercise its criminal jurisdiction. The authorities of the Receiving State, having the primary right, shall give appropriate consideration to a request from the authorities of the Sending State for a waiver of its right in cases where the Sending State considers such waiver to be of particular importance.
5. The Contracting Parties shall provide mutual assistance with respect to matters arising in connection to this Article, in particular, in the conduct of inquiries and gathering of evidence, in accordance with applicable laws and regulations, and relevant treaties between the Contracting Parties.
6. Any penal sentence shall be executed within the penal system of the Sending State, in accordance with the provisions of the European Convention on the Transfer of Sentenced Persons signed in Strasbourg on 21 March 1983.
a) offences arising out of an act or omission done in the performance of official duty; or,
b) offences solely against the property or security of the Sending State; or,
c) offences solely against the person or property of another member of the Personnel of the Sending State.
Whenever the Sending State decides to exercise its primary jurisdiction in accordance with this paragraph, the Receiving State shall refrain from exercising any criminal jurisdiction over the Personnel of the Sending State involved in the offences.
2. In the event that the Sending State does not intend to exercise its primary right to criminal jurisdiction as provided in paragraph 1 of this Article, the Sending State shall notify the Receiving State as soon as practicable, and in writing, of its intention to waive its primary right to exercise criminal jurisdiction. In such case, the Receiving State may exercise its criminal jurisdiction.
3. The Receiving State shall have the primary right to exercise criminal jurisdiction over the Personnel of the Sending State, located in the territory of the Receiving State, solely with regards to offences arising out of acts or omissions which satisfy all of the following conditions:
a) conducted by the Personnel of the Sending State within the territory of the Receiving State or on board a vessel or aircraft registered in the Receiving State; and
b) conducted during a visit for the purposes of the Military Activities; and
c) not covered by paragraph 1 of this Article.
4. In the event that the Receiving State does not intend to exercise its primary right to jurisdiction as provided in paragraph 3 above, the Receiving State shall notify the Sending State as soon as practicable, and in writing, of its intention to waive its primary right to exercise jurisdiction. In such case, the Sending State may exercise its criminal jurisdiction. The authorities of the Receiving State, having the primary right, shall give appropriate consideration to a request from the authorities of the Sending State for a waiver of its right in cases where the Sending State considers such waiver to be of particular importance.
5. The Contracting Parties shall provide mutual assistance with respect to matters arising in connection to this Article, in particular, in the conduct of inquiries and gathering of evidence, in accordance with applicable laws and regulations, and relevant treaties between the Contracting Parties.
6. Any penal sentence shall be executed within the penal system of the Sending State, in accordance with the provisions of the European Convention on the Transfer of Sentenced Persons signed in Strasbourg on 21 March 1983.
- Citeren als
- Art. V
- Status
- Geldend recht
- Identificatie
- BWBV0006935
- Officiële bron
- wetten.overheid.nl