BWBV0007040
Artikel 67
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 transfer may be requested by the sentencing State Party or the administering State Party.
2. A sentenced person may express an interest to either the sentencing State Party or the administering State Party in being transferred under this Convention.
3. A sentenced person may be transferred under this Convention only if the following conditions are met:
a) The person is a national of the administering State Party, including where applicable in accordance with article 9;
b) The judgment is final;
c) At the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or the sentence is indeterminate;
d) Without prejudice to article 71 and article 72, the transfer is consented to by the sentenced person, or by the person’s legal representative where either the sentencing State Party or the administering State Party considers it necessary in view of the age or physical or mental condition of the sentenced person;
e) The sentencing and administering States Parties agree to the transfer.
4. In exceptional cases, the States Parties concerned may agree to a transfer even if the time to be served by the sentenced person is shorter than that specified in paragraph 3, subparagraph (c).
5. If a State Party which makes the transfer of sentenced persons conditional on the existence of a treaty receives a request for the transfer of a sentenced person from another State Party with which it has no treaty on the transfer of sentenced persons, it shall consider this Convention as the legal basis for the transfer of sentenced persons in respect of any crime to which this Convention applies.
2. A sentenced person may express an interest to either the sentencing State Party or the administering State Party in being transferred under this Convention.
3. A sentenced person may be transferred under this Convention only if the following conditions are met:
a) The person is a national of the administering State Party, including where applicable in accordance with article 9;
b) The judgment is final;
c) At the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or the sentence is indeterminate;
d) Without prejudice to article 71 and article 72, the transfer is consented to by the sentenced person, or by the person’s legal representative where either the sentencing State Party or the administering State Party considers it necessary in view of the age or physical or mental condition of the sentenced person;
e) The sentencing and administering States Parties agree to the transfer.
4. In exceptional cases, the States Parties concerned may agree to a transfer even if the time to be served by the sentenced person is shorter than that specified in paragraph 3, subparagraph (c).
5. If a State Party which makes the transfer of sentenced persons conditional on the existence of a treaty receives a request for the transfer of a sentenced person from another State Party with which it has no treaty on the transfer of sentenced persons, it shall consider this Convention as the legal basis for the transfer of sentenced persons in respect of any crime to which this Convention applies.
- Citeren als
- Art. 67
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl