BWBV0007040
Artikel 33
Verdrag van Ljubljana-Den Haag inzake internationale samenwerking bij de opsporing en vervolging van genocide, misdrijven tegen de menselijkheid, oorlogsmisdrijven en andere internationale misdrijven
1. Witnesses and experts shall be heard in accordance with the domestic law of the requested State Party. Witnesses and experts may refuse to make depositions if the domestic law of the requested or requesting State Party allows them to do so.
2. If their refusal to make depositions is based on the domestic law of the requesting State Party, the requested State Party shall consult the requesting State Party.
3. A witness or expert invoking the right to refuse to make a deposition, as provided for in paragraph 1, cannot be subjected to any penalty in the requesting or requested State Party for that reason.
4. Without prejudice to any measures agreed for the protection of persons, the requested State Party shall, on the conclusion of the hearing, draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of any other person in the requested State Party participating in the hearing, any oaths taken and the technical conditions under which the hearing took place. The document shall be forwarded by the requested State Party to the requesting State Party.
5. When witnesses or experts are being heard within its territory in accordance with this article and refuse to make a deposition when under an obligation to do so or do not depose according to the truth, each State Party shall take the necessary measures to ensure that its domestic law applies in the same way as if the hearing took place in a domestic proceeding.
2. If their refusal to make depositions is based on the domestic law of the requesting State Party, the requested State Party shall consult the requesting State Party.
3. A witness or expert invoking the right to refuse to make a deposition, as provided for in paragraph 1, cannot be subjected to any penalty in the requesting or requested State Party for that reason.
4. Without prejudice to any measures agreed for the protection of persons, the requested State Party shall, on the conclusion of the hearing, draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of any other person in the requested State Party participating in the hearing, any oaths taken and the technical conditions under which the hearing took place. The document shall be forwarded by the requested State Party to the requesting State Party.
5. When witnesses or experts are being heard within its territory in accordance with this article and refuse to make a deposition when under an obligation to do so or do not depose according to the truth, each State Party shall take the necessary measures to ensure that its domestic law applies in the same way as if the hearing took place in a domestic proceeding.
- Citeren als
- Art. 33
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl