BWBV0007040
Artikel 71
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. Where a national of a State Party is the subject of a sentence, the sentencing State Party may request the State of nationality to take over the execution of the sentence under the following circumstances:
a) When the person concerned has fled to or otherwise returned to the State of nationality being aware of the criminal proceedings pending against the person in the sentencing State Party;
b) When the person concerned has fled to or otherwise returned to the State of nationality being aware that a judgment has been issued against the person in the sentencing State Party.
2. At the request of the sentencing State Party, the administering State Party may, prior to receiving the documents supporting the request, or prior to the decision on that request, arrest the sentenced person or take any other measures such as to ensure that the sentenced person remains in its territory pending a decision on the request. Requests for provisional measures shall be accompanied by the information mentioned in article 68, paragraph 3. The arrest of the sentenced person under this paragraph shall not lead to an aggravation of the person’s penal position.
3. In relation to this article, the transfer of the administration of the sentence shall not require the consent of the sentenced person.
4. Nothing in this article shall oblige the State of nationality to take over the execution of sentences under the circumstances described in this article.
a) When the person concerned has fled to or otherwise returned to the State of nationality being aware of the criminal proceedings pending against the person in the sentencing State Party;
b) When the person concerned has fled to or otherwise returned to the State of nationality being aware that a judgment has been issued against the person in the sentencing State Party.
2. At the request of the sentencing State Party, the administering State Party may, prior to receiving the documents supporting the request, or prior to the decision on that request, arrest the sentenced person or take any other measures such as to ensure that the sentenced person remains in its territory pending a decision on the request. Requests for provisional measures shall be accompanied by the information mentioned in article 68, paragraph 3. The arrest of the sentenced person under this paragraph shall not lead to an aggravation of the person’s penal position.
3. In relation to this article, the transfer of the administration of the sentence shall not require the consent of the sentenced person.
4. Nothing in this article shall oblige the State of nationality to take over the execution of sentences under the circumstances described in this article.
- Citeren als
- Art. 71
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl