EUROPEAN CONVENTION ON THE TRANSFER OF PROCEEDINGS IN CRIMINAL MATTERS

Transcription

1 Europen Trety Series - No. 73 EUROPEAN CONVENTION ON THE TRANSFER OF PROCEEDINGS IN CRIMINAL MATTERS Strsourg, 15.V.1972

2 The memer Sttes of the Council of Europe, signtory hereto, Considering tht the im of the Council of Europe is the chievement of greter unity etween its memers; Desiring to supplement the work which they hve lredy ccomplished in the field of criminl lw with view to rriving t more just nd efficient snctions; Considering it useful to this end to ensure, in spirit of mutul confidence, the orgnistion of criminl proceedings on the interntionl level, in prticulr, y voiding the disdvntges resulting from conflicts of competence, Prt I Definitions Hve greed s follows: Article 1 For the purposes of this Convention: offence comprises cts delt with under the criminl lw nd those delt with under the legl provisions listed in Appendix III to this Convention on condition tht where n dministrtive uthority is competent to del with the offence it must e possile for the person concerned to hve the cse tried y court; snction mens ny punishment or other mesure incurred or pronounced in respect of n offence or in respect of violtion of the legl provisions listed in Appendix III. Prt II Competence Article 2 1 For the purposes of pplying this Convention, ny Contrcting Stte shll hve competence to prosecute under its own criminl lw ny offence to which the lw of nother Contrcting Stte is pplicle. 2 The competence conferred on Contrcting Stte exclusively y virtue of prgrph 1 of this Article my e exercised only pursunt to request for proceedings presented y nother Contrcting Stte. Article 3 Any Contrcting Stte hving competence under its own lw to prosecute n offence my, for the purposes of pplying this Convention, wive or desist from proceedings ginst suspected person who is eing or will e prosecuted for the sme offence y nother Contrcting Stte. Hving regrd to Article 21, prgrph 2, ny such decision to wive or to desist from proceedings shll e provisionl pending finl decision in the other Contrcting Stte.

3 3 ETS 73 Criminl Proceedings, 15.V.1972 Article 4 The requested Stte shll discontinue proceedings exclusively grounded on Article 2 when to its knowledge the right of punishment is extinguished under the lw of the requesting Stte for reson other thn time-limittion, to which Articles 10.c, 11.f nd g, 22, 23 nd 26 in prticulr pply. Article 5 The provisions of Prt III of this Convention do not limit the competence given to requested Stte y its municipl lw in regrd to prosecutions. Prt III Trnsfer of proceedings Section 1 Request for proceedings Article 6 1 When person is suspected of hving committed n offence under the lw of Contrcting Stte, tht Stte my request nother Contrcting Stte to tke proceedings in the cses nd under the conditions provided for in this Convention. 2 If under the provisions of this Convention Contrcting Stte my request nother Contrcting Stte to tke proceedings, the competent uthorities of the first Stte shll tke tht possiility into considertion. Article 7 1 Proceedings my not e tken in the requested Stte unless the offence in respect of which the proceedings re requested would e n offence if committed in its territory nd when, under these circumstnces, the offender would e lile to snction under its own lw lso. 2 If the offence ws committed y person of pulic sttus or ginst person, n institution or ny thing of pulic sttus in the requesting Stte, it shll e considered in the requested Stte s hving een committed y person of pulic sttus or ginst such person, n institution or ny thing corresponding, in the ltter Stte, to tht ginst which it ws ctully committed. Article 8 1 A Contrcting Stte my request nother Contrcting Stte to tke proceedings in ny one or more of the following cses: c d if the suspected person is ordinrily resident in the requested Stte; if the suspected person is ntionl of the requested Stte or if tht Stte is his Stte of origin; if the suspected person is undergoing or is to undergo sentence involving deprivtion of lierty in the requested Stte; if proceedings for the sme or other offences re eing tken ginst the suspected person

4 4 ETS 73 Criminl Proceedings, 15.V.1972 in the requested Stte; e f g h if it considers tht trnsfer of the proceedings is wrrnted in the interests of rriving t the truth nd in prticulr tht the most importnt items of evidence re locted in the requested Stte; if it considers tht the enforcement in the requested Stte of sentence if one were pssed is likely to improve the prospects for the socil rehilittion of the person sentenced; if it considers tht the presence of the suspected person cnnot e ensured t the hering of proceedings in the requesting Stte nd tht his presence in person t the hering of proceedings in the requested Stte cn e ensured; if it considers tht it could not itself enforce sentence if one were pssed, even y hving recourse to extrdition, nd tht the requested Stte could do so; 2 Where the suspected person hs een finlly sentenced in Contrcting Stte, tht Stte my request the trnsfer of proceedings in one or more of the cses referred to in prgrph 1 of this rticle only if it cnnot itself enforce the sentence, even y hving recourse to extrdition, nd if the other Contrcting Stte does not ccept enforcement of foreign judgment s mtter of principle or refuses to enforce such sentence. Article 9 1 The competent uthorities in the requested Stte shll exmine the request for proceedings mde in pursunce of the preceding rticles. They shll decide, in ccordnce with their own lw, wht ction to tke thereon. 2 Where the lw of the requested Stte provides for the punishment of the offence y n dministrtive uthority, tht Stte shll, s soon s possile, so inform the requesting Stte unless the requested Stte hs mde declrtion under prgrph 3 of this rticle. 3 Any Contrcting Stte my t the time of signture, or when depositing its instrument of rtifiction, cceptnce or ccession, or t ny lter dte indicte, y declrtion ddressed to the Secretry Generl of the Council of Europe, the conditions under which its domestic lw permits the punishment of certin offences y n dministrtive uthority. Such declrtion shll replce the notifiction envisged in prgrph 2 of this rticle. Article 10 The requested Stte shll not tke ction on the request: if the request does not comply with the provisions of Articles 6, prgrph 1, nd 7, prgrph 1; if the institution of proceedings is contrry to the provisions of Article 35; c if, t the dte on the request, the time-limit for criminl proceedings hs lredy expired in the requesting Stte under the legisltion of tht Stte. Article 11

5 5 ETS 73 Criminl Proceedings, 15.V.1972 Sve s provided for in Article 10 the requested Stte my not refuse cceptnce of the request in whole or in prt, except in ny one or more of the following cses: c d e f g h i j k if it considers tht the grounds on which the request is sed under Article 8 re not justified; if the suspected person is not ordinrily resident in the requested Stte; if the suspected person is not ntionl of the requested Stte nd ws not ordinrily resident in the territory of tht Stte t the time of the offence; if it considers tht the offence for which proceedings re requested is n offence of politicl nture or purely militry or fiscl one; if it considers tht there re sustntil grounds for elieving tht the request for proceedings ws motivted y considertions of rce, religion, ntionlity or politicl opinion; if its own lw is lredy pplicle to the offence nd if t the time of the receipt of the request proceedings were precluded y lpse of time ccording to tht lw; Article 26, prgrph 2, shll not pply in such cse; if its competence is exclusively grounded on Article 2 nd if t the time of the receipt of the request proceedings would e precluded y lpse of time ccording to its lw, the prolongtion of the time-limit y six months under the terms of Article 23 eing tken into considertion; if the offence ws committed outside the territory of the requesting Stte; if proceedings would e contrry to the interntionl undertkings of the requested Stte; if proceedings would e contrry to the fundmentl principles of the legl system of the requested Stte; if the requesting Stte hs violted rule of procedure lid down in this Convention. Article 12 1 The requested Stte shll withdrw its cceptnce of the request if, susequent to this cceptnce, ground mentioned in Article 10 of this Convention for not tking ction on the request ecomes pprent. 2 The requested Stte my withdrw its cceptnce of the request: c if it ecomes pprent tht the presence in person of the suspected person cnnot e ensured t the hering of the proceedings in tht Stte or tht ny sentence, which might e pssed, could not e enforced in tht Stte; if one of the grounds for refusl mentioned in Article 11 ecomes pprent efore the cse is rought efore court; or in other cses, if the requesting Stte grees.

6 6 ETS 73 Criminl Proceedings, 15.V.1972 Section 2 Trnsfer procedure Article 13 1 All requests specified in this Convention shll e mde in writing. They, nd ll communictions necessry for the ppliction of this Convention, shll e sent either y the Ministry of Justice of the requesting Stte to the Ministry of Justice of the requested Stte or, y virtue of specil mutul rrngement, direct y the uthorities of the requesting Stte to those of the requested Stte; they shll e returned y the sme chnnel. 2 In urgent cses, requests nd communictions my e sent through the Interntionl Criminl Police Orgnistion (Interpol). 3 Any Contrcting Stte my, y declrtion ddressed to the Secretry Generl of the Council of Europe, give notice of its intention to dopt in so fr s it itself is concerned rules of trnsmission other thn those lid down in prgrph 1 of this rticle. Article 14 If Contrcting Stte considers tht the informtion supplied y nother Contrcting Stte is not dequte to enle it to pply this Convention, it shll sk for the necessry dditionl informtion. It my prescrie dte for the receipt of such informtion. Article 15 1 A request for proceedings shll e ccompnied y the originl, or certified copy, of the criminl file nd ll other necessry documents. However, if the suspected person is remnded in custody in ccordnce with the provisions of Section 5 nd if the requesting Stte is unle to trnsmit these documents t the sme time s the request for proceedings, the documents my e sent susequently. 2 The requesting Stte shll lso inform the requested Stte in writing of ny procedurl cts performed or mesures tken in the requesting Stte fter the trnsmission of the request which hve ering on the proceedings. This communiction shll e ccompnied y ny relevnt documents. Article 16 1 The requested Stte shll promptly communicte its decision on the request for proceedings to the requesting Stte. 2 The requested Stte shll lso inform the requesting Stte of wiver of proceedings or of the decision tken s result of proceedings. A certified copy of ny written decision shll e trnsmitted to the requesting Stte. Article 17 If the competence of the requested Stte is exclusively grounded on Article 2 tht Stte shll inform the suspected person of the request for proceedings with view to llowing him to present his views on the mtter efore tht Stte hs tken decision on the request.

7 7 ETS 73 Criminl Proceedings, 15.V.1972 Article 18 1 Suject to prgrph 2 of this rticle, no trnsltion of the documents relting to the ppliction of this Convention shll e required. 2 Any Contrcting Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce or ccession, y declrtion ddressed to the Secretry Generl of the Council of Europe, reserve the right to require tht, with the exception of the copy of the written decision referred to in Article 16, prgrph 2, the sid documents e ccompnied y trnsltion. The other Contrcting Sttes shll send the trnsltions in either the ntionl lnguge of the receiving Stte or such one of the officil lnguges of the Council of Europe s the receiving Stte shll indicte. However, such n indiction is not oligtory. The other Contrcting Sttes my clim reciprocity. 3 This rticle shll e without prejudice to ny provisions concerning trnsltion of requests nd supporting documents tht my e contined in greements or rrngements now in force or tht my e concluded etween two or more Contrcting Sttes. Article 19 Documents trnsmitted in ppliction of this Convention need not e uthenticted. Article 20 Contrcting Prties shll not clim from ech other the refund of ny expenses resulting from the ppliction of this Convention. Section 3 Effects in the requesting Stte of request for proceedings Article 21 1 When the requesting Stte hs requested proceedings, it cn no longer prosecute the suspected person for the offence in respect of which the proceedings hve een requested or enforce judgment which hs een pronounced previously in tht Stte ginst him for tht offence. Until the requested Stte's decision on the request for proceedings hs een received, the requesting Stte shll, however, retin its right to tke ll steps in respect of prosecution, short of ringing the cse to tril, or, s the cse my e, llowing the competent dministrtive uthority to decide on the cse. 2 The right of prosecution nd of enforcement shll revert to the requesting Stte: c d if the requested Stte informs it of decision in ccordnce with Article 10 not to tke ction on the request; if the requested Stte informs it of decision in ccordnce with Article 11 to refuse cceptnce of the request; if the requested Stte informs it of decision in ccordnce with Article 12 to withdrw cceptnce of the request; if the requested Stte informs it of decision not to institute proceedings or discontinue them;

8 8 ETS 73 Criminl Proceedings, 15.V.1972 e if it withdrws its request efore the requested Stte hs informed it of decision to tke ction on the request. Article 22 A request for proceedings, mde in ccordnce with the provisions of this Prt, shll hve the effect in the requesting Stte of prolonging the time-limit for proceedings y six months. Section 4 Effects in the requested Stte of request for proceedings Article 23 If the competence of the requested Stte is exclusively grounded on Article 2 the time-limit for proceedings in tht Stte shll e prolonged y six months. Article 24 1 If proceedings re dependent on complint in oth Sttes the complint rought in the requesting Stte shll hve equl vlidity with tht rought in the requested Stte. 2 If complint is necessry only in the requested Stte, tht Stte my tke proceedings even in the sence of complint if the person who is empowered to ring the complint hs not ojected within period of one month from the dte of receipt y him of notice from the competent uthority informing him of his right to oject. Article 25 In the requested Stte the snction pplicle to the offence shll e tht prescried y its own lw unless tht lw provides otherwise. Where the competence of the requested Stte is exclusively grounded on Article 2, the snction pronounced in tht Stte shll not e more severe thn tht provided for in the lw of the requesting Stte. Article 26 1 Any ct with view to proceedings, tken in the requesting Stte in ccordnce with its lw nd regultions, shll hve the sme vlidity in the requested Stte s if it hd een tken y the uthorities of tht Stte, provided tht ssimiltion does not give such ct greter evidentil weight thn it hs in the requesting Stte. 2 Any ct which interrupts time-limittion nd which hs een vlidly performed in the requesting Stte shll hve the sme effects in the requested Stte nd vice vers. Section 5 Provisionl mesures in the requested Stte Article 27 1 When the requesting Stte nnounces its intention to trnsmit request for proceedings, nd if the competence of the requested Stte would e exclusively grounded on Article 2, the requested Stte my, on ppliction y the requesting Stte nd y virtue of this Convention, provisionlly rrest the suspected person:

9 9 ETS 73 Criminl Proceedings, 15.V.1972 if the lw of the requested Sttes uthorises remnd in custody for the offence, nd if there re resons to fer tht the suspected person will scond or tht he will cuse evidence to e suppressed. 2 The ppliction for provisionl rrest shll stte tht there exists wrrnt of rrest or other order hving the sme effect, issued in ccordnce with the procedure lid down in the lw of the requesting Stte; it shll lso stte for wht offence proceedings will e requested nd when nd where such offence ws committed nd it shll contin s ccurte description of the suspected person s possile. It shll lso contin rief sttement of the circumstnces of the cse. 3 An ppliction for provisionl rrest shll e sent direct y the uthorities in the requesting Stte mentioned in Article 13 to the corresponding uthorities in the requested Stte, y post or telegrm or y ny other mens ffording evidence in writing or ccepted y the requested Stte. The requesting Stte shll e informed without dely of the result of its ppliction. Article 28 Upon receipt of request for proceedings ccompnied y the documents referred to in Article 15, prgrph 1, the requested Stte shll hve jurisdiction to pply ll such provisionl mesures, including remnd in custody of the suspected person nd seizure of property, s could e pplied under its own lw if the offence in respect of which proceedings re requested hd een committed in its territory. Article 29 1 The provisionl mesures provided in Articles 27 nd 28 shll e governed y the provisions of this Convention nd the lw of the requested Stte. The lw of tht Stte, or the Convention shll lso determine the conditions on which the mesures my lpse. 2 These mesures shll lpse in the cses referred to in Article 21, prgrph 2. 3 A person in custody shll in ny event e relesed if he is rrested in pursunce of Article 27 nd the requested Stte does not receive the request for proceedings within 18 dys from the dte of the rrest. 4 A person in custody shll in ny event e relesed if he is rrested in pursunce of Article 27 nd the documents which should ccompny the request for proceedings hve not een received y the requested Stte within 15 dys from the receipt of the request for proceedings. 5 The period of custody pplied exclusively y virtue of Article 27 shll not in ny event exceed 40 dys. Prt IV Plurlity of criminl proceedings Article 30 1 Any Contrcting Stte which, efore the institution or in the course of proceedings for n offence which it considers to e neither of politicl nture nor purely militry one, is wre of proceedings pending in nother Contrcting Stte ginst the sme person in respect of the sme offence shll consider whether it cn either wive or suspend its own proceedings, or

10 10 ETS 73 Criminl Proceedings, 15.V.1972 trnsfer them to the other Stte. 2 If it deems it dvisle in the circumstnces not to wive or suspend its own proceedings it shll so notify the other Stte in good time nd in ny event efore judgment is given on the merits. Article 31 1 In the eventulity referred to in Article 30, prgrph 2, the Sttes concerned shll endevour s fr s possile to determine, fter evlution in ech of the circumstnces mentioned in Article 8, which of them lone shll continue to conduct proceedings. During this consulttive procedure the Sttes concerned shll postpone judgment on the merits without however eing oliged to prolong such postponement eyond period of 30 dys s from the desptch of the notifiction provided for in Article 30, prgrph 2. 2 The provisions of prgrph 1 shll not e inding: on the Stte desptching the notifiction provided for in Article 30, prgrph 2, if the min tril hs een declred open there in the presence of the ccused efore desptch of the notifiction; on the Stte to which the notifiction is ddressed, if the min tril hs een declred open there in the presence of the ccused efore receipt of the notifiction. Article 32 In the interests of rriving t the truth nd with view to the ppliction of n pproprite snction, the Sttes concerned shll exmine whether it is expedient tht one of them lone shll conduct proceedings nd, if so, endevour to determine which one, when: severl offences which re mterilly distinct nd which fll under the criminl lw of ech of those Sttes re scried either to single person or to severl persons hving cted in unison; single offence which flls under the criminl lw of ech of those Sttes is scried to severl persons hving cted in unison. Article 33 All decisions reched in ccordnce with Articles 31, prgrph 1, nd 32 shll entil, s etween the Sttes concerned, ll the consequences of trnsfer of proceedings s provided for in this Convention. The Stte which wives its own proceedings shll e deemed to hve trnsferred them to the other Stte. Article 34 The trnsfer procedure provided for in Section 2 of Prt III shll pply in so fr s its provisions re comptile with those contined in the present Prt.

11 11 ETS 73 Criminl Proceedings, 15.V.1972 Prt V Ne is in idem Article 35 1 A person in respect of whom finl nd enforcele criminl judgment hs een rendered my for the sme ct neither e prosecuted nor sentenced nor sujected to enforcement of snction in nother Contrcting Stte: if he ws cquitted; if the snction imposed: i ii iii hs een completely enforced or is eing enforced, or hs een wholly, or with respect to the prt not enforced, the suject of prdon or n mnesty, or cn no longer e enforced ecuse of lpse of time; c if the court convicted the offender without imposing snction. 2 Nevertheless, Contrcting Stte shll not, unless it hs itself requested the proceedings, e oliged to recognise the effect of ne is in idem if the ct which gve rise to the judgment ws directed ginst either person or n institution or ny thing hving pulic sttus in tht Stte, or if the suject of the judgment hd himself pulic sttus in tht Stte. 3 Furthermore, Contrcting Stte where the ct ws committed or considered s such ccording to the lw of tht Stte shll not e oliged to recognise the effect of ne is in idem unless tht Stte hs itself requested the proceedings. Article 36 If new proceedings re instituted ginst person who in nother Contrcting Stte hs een sentenced for the sme ct, then ny period of deprivtion of lierty rising from the sentence enforced shll e deducted from the snction which my e imposed. Article 37 This Prt shll not prevent the ppliction of wider domestic provisions relting to the effect of ne is in idem ttched to foreign criminl judgments. Prt VI Finl cluses Article 38 1 This Convention shll e open to signture y the memer Sttes of the Council of Europe. It shll e suject to rtifiction or cceptnce. Instruments of rtifiction or cceptnce shll e deposited with the Secretry Generl of the Council of Europe. 2 This Convention shll enter into force three months fter the dte of the deposit of the third instrument of rtifiction or cceptnce.

12 12 ETS 73 Criminl Proceedings, 15.V In respect of signtory Stte rtifying or ccepting susequently, the Convention shll come into force three months fter the dte of the deposit of its instrument of rtifiction or cceptnce. Article 39 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe my invite ny non-memer Stte to ccede thereto provided tht the resolution contining such invittion received the unnimous greement of the Memers of the Council who hve rtified the Convention. 2 Such ccession shll e effected y depositing with the Secretry Generl of the Council of Europe n instrument of ccession which shll tke effect three months fter the dte of its deposit. Article 40 1 Any Contrcting Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce or ccession, specify the territory or territories to which this Convention shll pply. 2 Any Contrcting Stte my, when depositing its instrument of rtifiction, cceptnce or ccession or t ny lter dte, y declrtion ddressed to the Secretry Generl of the Council of Europe, extend this Convention to ny other territory or territories specified in the declrtion nd for whose interntionl reltions it is responsile or on whose ehlf it is uthorised to give undertkings. 3 Any declrtion mde in pursunce of the preceding prgrph my, in respect of ny territory mentioned in such declrtion, e withdrwn ccording to the procedure lid down in Article 45 of this Convention. Article 41 1 Any Contrcting Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce or ccession, declre tht it vils itself of one or more of the reservtions provided for in Appendix I or mke declrtion provided for in Appendix II to this Convention. 2 Any Contrcting Stte my wholly or prtly withdrw reservtion or declrtion it hs mde in ccordnce with the foregoing prgrph y mens of declrtion ddressed to the Secretry Generl of the Council of Europe which shll ecome effective s from the dte of its receipt. 3 A Contrcting Stte which hs mde reservtion in respect of ny provision of this Convention my not clim the ppliction of tht provision y ny other Contrcting Stte; it my, however, if its reservtion is prtil or conditionl, clim the ppliction of tht provision in so fr s it hs itself ccepted it. Article 42 1 Any Contrcting Stte my t ny time, y declrtion ddressed to the Secretry Generl of

13 13 ETS 73 Criminl Proceedings, 15.V.1972 the Council of Europe, set out the legl provisions to e included in Appendix III to this Convention. 2 Any chnge of the ntionl provisions listed in Appendix III shll e notified to the Secretry Generl of the Council of Europe if such chnge renders the informtion in this ppendix incorrect. 3 Any chnges mde in Appendix III in ppliction of the preceding prgrphs shll tke effect in ech Contrcting Stte one month fter the dte of their notifiction y the Secretry Generl of the Council of Europe. Article 43 1 This Convention ffects neither the rights nd the undertkings derived from extrdition treties nd interntionl multilterl conventions concerning specil mtters, nor provisions concerning mtters which re delt with in the present Convention nd which re contined in other existing conventions etween Contrcting Sttes. 2 The Contrcting Sttes my not conclude ilterl or multilterl greements with one nother on the mtters delt with in this Convention, except in order to supplement its provisions or fcilitte ppliction of the principles emodied in it. 3 Should two or more Contrcting Sttes, however, hve lredy estlished their reltions in this mtter on the sis of uniform legisltion, or instituted specil system of their own, or should they in future do so, they shll e entitled to regulte those reltions ccordingly, notwithstnding the terms of this Convention. 4 Contrcting Sttes cesing to pply the terms of this Convention to their mutul reltions in this mtter in ccordnce with the provisions of the preceding prgrph shll notify the Secretry Generl of the Council of Europe to tht effect. Article 44 The Europen Committee on Crime Prolems of the Council of Europe shll e kept informed regrding the ppliction of this Convention nd shll do whtever is needful to fcilitte friendly settlement of ny difficulty which my rise out of its execution. Article 45 1 This Convention shll remin in force indefinitely. 2 Any Contrcting Stte my, in so fr s it is concerned, denounce this Convention y mens of notifiction ddressed to the Secretry Generl of the Council of Europe. 3 Such denuncition shll tke effect six months fter the dte of receipt y the Secretry Generl of such notifiction. Article 46 The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council nd ny Stte which hs cceded to this Convention of:

14 14 ETS 73 Criminl Proceedings, 15.V.1972 c ny signture; ny deposit of n instrument of rtifiction, cceptnce or ccession; ny dte of entry into force of this Convention in ccordnce with Article 38 thereof; d ny declrtion received in pursunce of the provisions of Article 9, prgrph 3; e ny declrtion received in pursunce of the provisions of Article 13, prgrph 3; f ny declrtion received in pursunce of the provisions of Article 18, prgrph 2; g ny declrtion received in pursunce of the provisions of Article 40, prgrphs 2 nd 3; h ny reservtion or declrtion mde in pursunce of the provisions of Article 41, prgrph 1; i j the withdrwl of ny reservtion or declrtion crried out in pursunce of the provisions of Article 41, prgrph 2; ny declrtion received in pursunce of Article 42, prgrph 1, nd ny susequent notifiction received in pursunce of prgrph 2 of tht rticle; k ny notifiction received in pursunce of the provisions of Article 43, prgrph 4; l ny notifiction received in pursunce of the provisions of Article 45 nd the dte on which denuncition tkes effect. Article 47 This Convention nd the notifictions nd declrtions uthorised thereunder shll pply only to offences committed fter the Convention comes into effect for the Contrcting Sttes involved. In witness whereof, the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t Strsourg, this 15th dy of My, 1972, in English nd in French, oth texts eing eqully uthorittive, in single copy, which shll remin deposited in the rchives of the Council of Europe. The Secretry Generl shll trnsmit certified copies to ech of the signtory nd cceding governments.

15 15 ETS 73 Criminl Proceedings, 15.V.1972 APPENDIX I Ech Contrcting Stte my declre tht it reserves the right: to refuse request for proceedings, if it considers tht the offence is purely religious offence; to refuse request for proceedings for n ct the snctions for which, in ccordnce with its own lw, cn e imposed only y n dministrtive uthority; c not to ccept Article 22; d not to ccept Article 23; e f g not to ccept the provisions contined in the second sentence of Article 25 for constitutionl resons; not to ccept the provisions lid down in Article 26, prgrph 2, where it is competent y virtue of its own lw; not to pply Articles 30 nd 31 in respect of n ct for which the snctions, in ccordnce with its own lw or tht of the other Stte concerned, cn e imposed only y n dministrtive uthority. h not to ccept Prt V.

16 16 ETS 73 Criminl Proceedings, 15.V.1972 APPENDIX II Any Contrcting Stte my declre tht for resons rising out of its constitutionl lw it cn mke or receive requests for proceedings only in circumstnces specified in its municipl lw. Any Contrcting Stte my, y mens of declrtion, define s fr s it is concerned the term ntionl within the mening of this Convention.

17 17 ETS 73 Criminl Proceedings, 15.V.1972 APPENDIX III List of offences other thn offences delt with under criminl lw The following offences shll e ssimilted to offences under criminl lw in Frnce: ny unlwful ehviour snctioned y contrvention de grnde voirie. in the Federl Repulic of Germny: ny unlwful ehviour delt with ccording to the procedure lid down in the Act of Violtions of Regultions (Gesetz üer Ordnungswidrigkeiten of 24 My BGB1 1968, I, 481). in Itly: ny unlwful ehviour to which is pplicle Act No. 317 of 3 Mrch 1967.