BWBV0007040
Artikel 52
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. A person who has been extradited shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order for any crime committed prior to extradition other than that for which the person was extradited, nor shall the person be for any other reason restricted in the person's personal freedom, except in the following cases:
a) When the State Party which extradited the person consents. A request for consent shall be submitted, accompanied by the documents mentioned in article 56 and any additional information required by the State Party which extradited the person. A waiver of specialty may be granted for crimes that would be subject to extradition in accordance with the provisions of this Convention, or in accordance with any other treaty applicable to the States Parties concerned, or in accordance with the principles of international law or its domestic law, when acceptable to the requested State Party;
b) When the person, having had an opportunity to leave the territory of the State Party to which that person has been extradited, has not done so within 45 days of the person's final discharge, or if the person has returned to that territory after leaving it.
2. Notwithstanding paragraph 1, the requesting State Party may take any measures as necessary to remove the person from its territory, or any measures as necessary under its domestic law, including proceedings in absentia, to prevent any legal effects resulting from the lapse of time.
3. When the description of the crime charged is altered in the course of proceedings, the extradited person shall only be prosecuted or sentenced insofar as the crime under its new description is shown by the alleged criminal conduct of the extradited person to be a crime which would allow extradition.
a) When the State Party which extradited the person consents. A request for consent shall be submitted, accompanied by the documents mentioned in article 56 and any additional information required by the State Party which extradited the person. A waiver of specialty may be granted for crimes that would be subject to extradition in accordance with the provisions of this Convention, or in accordance with any other treaty applicable to the States Parties concerned, or in accordance with the principles of international law or its domestic law, when acceptable to the requested State Party;
b) When the person, having had an opportunity to leave the territory of the State Party to which that person has been extradited, has not done so within 45 days of the person's final discharge, or if the person has returned to that territory after leaving it.
2. Notwithstanding paragraph 1, the requesting State Party may take any measures as necessary to remove the person from its territory, or any measures as necessary under its domestic law, including proceedings in absentia, to prevent any legal effects resulting from the lapse of time.
3. When the description of the crime charged is altered in the course of proceedings, the extradited person shall only be prosecuted or sentenced insofar as the crime under its new description is shown by the alleged criminal conduct of the extradited person to be a crime which would allow extradition.
- Citeren als
- Art. 52
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl