BWBV0007040
Artikel 74
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. The competent authorities of the administering State Party shall either:
a) Continue the enforcement of the sentence immediately or through a court or administrative order, in accordance with article 75; or
b) Convert the sentence, through a judicial or administrative procedure, into a decision of that State Party, thereby substituting for the sanction imposed in the sentencing State Party a sanction prescribed by the domestic law of the administering State Party for the same crime, in accordance with article 76.
2. Each State Party may exclude the application of one of the procedures referred to in paragraph 1 with respect to other States Parties by informing the central authorities of the States Parties, or, if the conditions in article 85, paragraphs 2 and 3, are met, the State designated to provide additional interim support.
3. The administering State Party, if requested, shall inform the sentencing State Party before the transfer of the sentenced person of which of the procedures referred to in paragraph 1 it shall follow.
4. The enforcement of the sentence shall be governed by the domestic law of the administering State Party and only that State Party shall be competent to take decisions related thereto.
5. Any State Party which, according to its domestic law, cannot avail itself of one of the procedures referred to in paragraph 1 to enforce measures imposed in the territory of another State Party on persons who for reasons of their mental condition have been held not criminally responsible for the commission of the crime, and which is prepared to receive such persons for further treatment, may indicate the procedures it shall follow in such circumstances by informing the central authorities of the States Parties, or, if the conditions in article 85, paragraphs 2 and 3, are met, the State designated to provide additional interim support.
a) Continue the enforcement of the sentence immediately or through a court or administrative order, in accordance with article 75; or
b) Convert the sentence, through a judicial or administrative procedure, into a decision of that State Party, thereby substituting for the sanction imposed in the sentencing State Party a sanction prescribed by the domestic law of the administering State Party for the same crime, in accordance with article 76.
2. Each State Party may exclude the application of one of the procedures referred to in paragraph 1 with respect to other States Parties by informing the central authorities of the States Parties, or, if the conditions in article 85, paragraphs 2 and 3, are met, the State designated to provide additional interim support.
3. The administering State Party, if requested, shall inform the sentencing State Party before the transfer of the sentenced person of which of the procedures referred to in paragraph 1 it shall follow.
4. The enforcement of the sentence shall be governed by the domestic law of the administering State Party and only that State Party shall be competent to take decisions related thereto.
5. Any State Party which, according to its domestic law, cannot avail itself of one of the procedures referred to in paragraph 1 to enforce measures imposed in the territory of another State Party on persons who for reasons of their mental condition have been held not criminally responsible for the commission of the crime, and which is prepared to receive such persons for further treatment, may indicate the procedures it shall follow in such circumstances by informing the central authorities of the States Parties, or, if the conditions in article 85, paragraphs 2 and 3, are met, the State designated to provide additional interim support.
- Citeren als
- Art. 74
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl