BWBV0007040
Artikel 72
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. At the request of the sentencing State Party, the administering State Party may, subject to the provisions of this article, agree to the transfer of a sentenced person without the consent of that person, where the sentence imposed on the latter, or an administrative decision consequential to that sentence, includes a final expulsion or deportation order, or any other measure as a result of which that person will no longer be permitted to remain in the territory of the sentencing State Party once the person is released from prison.
2. The administering State Party shall not agree to the transfer for the purposes of paragraph 1 before having duly taken into consideration the opinion of the sentenced person.
3. For the purposes of this article, the sentencing State Party shall provide the administering State Party with:
a) A declaration containing the opinion of the sentenced person as to the proposed transfer;
b) A copy of the final expulsion or deportation order or any other order having the effect that the sentenced person will no longer be permitted to remain in the territory of the sentencing State Party once the person is released from prison.
4. Any person transferred under the provisions of this article 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 the person’s transfer other than that for which the sentence to be enforced was imposed, nor shall the person’s personal freedom for any other reason be restricted, except in the following cases:
a) When the sentencing State Party so authorizes: (i) A request for authorization shall be submitted accompanied by all relevant documents and a legal record of any statement made by the sentenced person;
(ii) The authorization shall be given when the crime for which it is requested would itself be subject to extradition under the domestic law of the sentencing State Party or when extradition would be excluded only by reason of the duration of punishment;
(i) A request for authorization shall be submitted accompanied by all relevant documents and a legal record of any statement made by the sentenced person;
(ii) The authorization shall be given when the crime for which it is requested would itself be subject to extradition under the domestic law of the sentencing State Party or when extradition would be excluded only by reason of the duration of punishment;
b) When the sentenced person, having had an opportunity to leave the territory of the administering State Party, has not done so within 45 days of final discharge, or if the person has returned to that territory after leaving it.
5. Notwithstanding the provisions of paragraph 4, the administering State Party may take any measures as necessary under its domestic law, including proceedings in absentia, to prevent any legal effects resulting from the lapse of time.
6. Nothing in this article shall oblige a State Party to take over the execution of sentences under the circumstances described in this article.
2. The administering State Party shall not agree to the transfer for the purposes of paragraph 1 before having duly taken into consideration the opinion of the sentenced person.
3. For the purposes of this article, the sentencing State Party shall provide the administering State Party with:
a) A declaration containing the opinion of the sentenced person as to the proposed transfer;
b) A copy of the final expulsion or deportation order or any other order having the effect that the sentenced person will no longer be permitted to remain in the territory of the sentencing State Party once the person is released from prison.
4. Any person transferred under the provisions of this article 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 the person’s transfer other than that for which the sentence to be enforced was imposed, nor shall the person’s personal freedom for any other reason be restricted, except in the following cases:
a) When the sentencing State Party so authorizes: (i) A request for authorization shall be submitted accompanied by all relevant documents and a legal record of any statement made by the sentenced person;
(ii) The authorization shall be given when the crime for which it is requested would itself be subject to extradition under the domestic law of the sentencing State Party or when extradition would be excluded only by reason of the duration of punishment;
(i) A request for authorization shall be submitted accompanied by all relevant documents and a legal record of any statement made by the sentenced person;
(ii) The authorization shall be given when the crime for which it is requested would itself be subject to extradition under the domestic law of the sentencing State Party or when extradition would be excluded only by reason of the duration of punishment;
b) When the sentenced person, having had an opportunity to leave the territory of the administering State Party, has not done so within 45 days of final discharge, or if the person has returned to that territory after leaving it.
5. Notwithstanding the provisions of paragraph 4, the administering State Party may take any measures as necessary under its domestic law, including proceedings in absentia, to prevent any legal effects resulting from the lapse of time.
6. Nothing in this article shall oblige a State Party to take over the execution of sentences under the circumstances described in this article.
- Citeren als
- Art. 72
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl