BWBV0006976
Geldig vanaf 01-05-2023
Artikel 7
Verdrag tussen het Koninkrijk der Nederlanden en de Zwitserse Bondsstaat inzake samenwerking met betrekking tot verkeersovertredingen
1. A request according to Article 6, paragraph 1 is refused in case of:
a) decisions providing for imprisonment as the principal punishment;
b) road traffic offences that coincide with offences not only related to road traffic, unless the road traffic offences are prosecuted separately or exclusively.
2. A request for assistance on the enforcement of a penalty notice can be refused if it is established that:
a) the penalty notice relates to facts which would not constitute an offence under the laws and regulations of the requested Party;
b) the execution of the request is contrary to the principle of “ne bis in idem”;
c) there is immunity under the law of the requested Party, which makes it impossible to execute the penalty notice;
d) the penalty notice is no longer enforceable under the law of the requested Party due to lapse of time;
e) the penalty notice is not final;
f) the penalty notice has not reached the person concerned or has not reached the person involved in time, in accordance with the laws and regulations of the requesting Party;
g) the penalty notice or at least its essential content is not translated into the language(s) of the Party in whose sovereign territory the recipient resides;
h) the request is incomplete and cannot be completed by the competent authorities of the requesting Party.
3. If a request is rejected, the requesting Party shall be so notified, stating the reasons for the rejection.
4. If, after a penalty notice has been sent to the requested Party, a sum of money has been received by the requesting Party to pay the fine, the requested Party shall be informed without delay.
5. Portions of the fine that are already paid may no longer be enforced.
a) decisions providing for imprisonment as the principal punishment;
b) road traffic offences that coincide with offences not only related to road traffic, unless the road traffic offences are prosecuted separately or exclusively.
2. A request for assistance on the enforcement of a penalty notice can be refused if it is established that:
a) the penalty notice relates to facts which would not constitute an offence under the laws and regulations of the requested Party;
b) the execution of the request is contrary to the principle of “ne bis in idem”;
c) there is immunity under the law of the requested Party, which makes it impossible to execute the penalty notice;
d) the penalty notice is no longer enforceable under the law of the requested Party due to lapse of time;
e) the penalty notice is not final;
f) the penalty notice has not reached the person concerned or has not reached the person involved in time, in accordance with the laws and regulations of the requesting Party;
g) the penalty notice or at least its essential content is not translated into the language(s) of the Party in whose sovereign territory the recipient resides;
h) the request is incomplete and cannot be completed by the competent authorities of the requesting Party.
3. If a request is rejected, the requesting Party shall be so notified, stating the reasons for the rejection.
4. If, after a penalty notice has been sent to the requested Party, a sum of money has been received by the requesting Party to pay the fine, the requested Party shall be informed without delay.
5. Portions of the fine that are already paid may no longer be enforced.
- Citeren als
- Art. 7
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006976
- Officiële bron
- wetten.overheid.nl