EUROPEAN CONVENTION ON THE INTERNATIONAL VALIDITY OF CRIMINAL JUDGMENTS

Transcription

1 Europen Trety Series - No. 70 EUROPEAN CONVENTION ON THE INTERNATIONAL VALIDITY OF CRIMINAL JUDGMENTS The Hgue, 28.V.1970

2 2 ETS 70 Criminl Judgments, 28.V.1970 Premle The memer Sttes of the Council of Europe, signtory hereto, Considering tht the fight ginst crime, which is ecoming incresingly n interntionl prolem, clls for the use of modern nd effective methods on n interntionl scle; Convinced of the need to pursue common criminl policy imed t the protection of society; Conscious of the need to respect humn dignity nd to promote the rehilittion of offenders; Considering tht the im of the Council of Europe is to chieve greter unity etween its Memers, Prt I Definitions Hve greed s follows: Article 1 For the purpose of this Convention: c d e Europen criminl judgment mens ny finl decision delivered y criminl court of Contrcting Stte s result of criminl proceedings; Offence comprises, prt from cts delt with under the criminl lw, those delt with under the legl provisions listed in Appendix II to the present Convention on condition tht where these provisions give competence to n dministrtive uthority there must e opportunity for the person concerned to hve the cse tried y court; Sentence mens the imposition of snction; Snction mens ny punishment or other mesure expressly imposed on person, in respect of n offence, in Europen criminl judgment, or in n ordonnnce pénle; Disqulifiction mens ny loss or suspension of right or ny prohiition or loss of legl cpcity; f Judgment rendered in senti mens ny decision considered s such under Article 21, prgrph 2; g ordonnnce pénle mens ny of the decisions delivered in nother Contrcting Stte nd listed in Appendix III to this Convention.

3 3 ETS 70 Criminl Judgments, 28.V.1970 Prt II Enforcement of Europen criminl judgments Section 1 Generl provisions Generl conditions of enforcement Article 2 This prt is pplicle to: c snctions involving deprivtion of lierty; fines or confisction; disqulifictions. Article 3 1 A Contrcting Stte shll e competent in the cses nd under the conditions provided for in this Convention to enforce snction imposed in nother Contrcting Stte which is enforcele in the ltter Stte. 2 This competence cn only e exercised following request y the other Contrcting Stte. Article 4 1 The snction shll not e enforced y nother Contrcting Stte unless under its lw the ct for which the snction ws imposed would e n offence if committed on its territory nd the person on whom the snction ws imposed lile to punishment if he hd committed the ct there. 2 If the sentence reltes to two or more offences, not ll of which fulfil the requirements of prgrph 1, the sentencing Stte shll specify which prt of the snction pplies to the offences tht stisfy those requirements. Article 5 The sentencing Stte my request nother Contrcting Stte to enforce the snction only if one or more of the following conditions re fulfilled: c d if the person sentenced is ordinrily resident in the other Stte; if the enforcement of the snction in the other Stte is likely to improve the prospects for the socil rehilittion of the person sentenced; if, in the cse of snction involving deprivtion of lierty, the snction could e enforced following the enforcement of nother snction involving deprivtion of lierty which the person sentenced is undergoing or is to undergo in the other Stte; if the other Stte is the Stte of origin of the person sentenced nd hs declred itself willing to ccept responsiility for the enforcement of tht snction;

4 4 ETS 70 Criminl Judgments, 28.V.1970 e if it considers tht it cnnot itself enforce the snction, even y hving recourse to extrdition, nd tht the other Stte cn. Article 6 Enforcement requested in ccordnce with the foregoing provisions my not e refused, in whole or in prt, sve: c d e f g h i j k l m where enforcement would run counter to the fundmentl principles of the legl system of the requested Stte; where the requested Stte considers the offence for which the sentence ws pssed to e of politicl nture or purely militry one; where the requested Stte considers tht there re sustntil grounds for elieving tht the sentence ws rought out or ggrvted y considertions of rce, religion, ntionlity or politicl opinion; where enforcement would e contrry to the interntionl undertkings of the requested Stte; where the ct is lredy the suject of proceedings in the requested Stte or where the requested Stte decides to institute proceedings in respect of the ct; where the competent uthorities in the requested Stte hve decided not to tke proceedings or to drop proceedings lredy egun, in respect of the sme ct; where the ct ws committed outside the territory of the requesting Stte; where the requested Stte is unle to enforce the snction; where the request is grounded on Article 5.e nd none of the other conditions mentioned in tht rticle is fulfilled; where the requested Stte considers tht the requesting Stte is itself le to enforce the snction; where the ge of the person sentenced t the time of the offence ws such tht he could not hve een prosecuted in the requested Stte; where under the lw of the requested Stte the snction imposed cn no longer e enforced ecuse of the lpse of time; where nd to the extent tht the sentence imposes disqulifiction. Article 7 A request for enforcement shll not e complied with if enforcement would run counter to the principles recognised in the provisions of Section 1 of Prt III of this Convention.

5 5 ETS 70 Criminl Judgments, 28.V.1970 Effects of the trnsfer of enforcement Article 8 For the purposes of Article 6, prgrph 1 nd the reservtion mentioned under c of Appendix I of the present Convention ny ct which interrupts or suspends time limittion vlidly performed y the uthorities of the sentencing Stte shll e considered s hving the sme effect for the purpose of reckoning time limittion in the requested Stte in ccordnce with the lw of tht Stte. Article 9 1 A sentenced person detined in the requesting Stte who hs een surrendered to the requested Stte for the purpose of enforcement shll not e proceeded ginst, sentenced or detined with view to the crrying out of sentence or detention order for ny offence committed prior to his surrender other thn tht for which the sentence to e enforced ws imposed, nor shll he for ny other reson e restricted in his personl freedom, except in the following cses: when the Stte which surrendered him consents. A request for consent shll e sumitted, ccompnied y ll relevnt documents nd legl record of ny sttement mde y the convicted person in respect of the offence concerned. Consent shll e given when the offence for which it is requested would itself e suject to extrdition under the lw of the Stte requesting enforcement or when extrdition would e excluded only y reson of the mount of the punishment; when the sentenced person, hving hd n opportunity to leve the territory of the Stte to which he hs een surrendered, hs not done so within 45 dys of his finl dischrge, or if he hs returned to tht territory fter leving it. 2 The Stte requested to enforce the sentence my, however, tke ny mesure necessry to remove the person from its territory, or ny mesures necessry under its lw, including proceedings y defult, to prevent ny legl effects of lpse of time. Article 10 1 The enforcement shll e governed y the lw of the requested Stte nd tht Stte lone shll e competent to tke ll pproprite decisions, such s those concerning conditionl relese. 2 The requesting Stte lone shll hve the right to decide on ny ppliction for review of sentence. 3 Either Stte my exercise the right of mnesty or prdon. Article 11 1 When the sentencing Stte hs requested enforcement it my no longer itself egin the enforcement of snction which is the suject of tht request. The sentencing Stte my, however, egin enforcement of snction involving deprivtion of lierty when the sentenced person is lredy detined on the territory of tht Stte t the moment of the presenttion of the request. 2 The right of enforcement shll revert to the requesting Stte:

6 6 ETS 70 Criminl Judgments, 28.V.1970 c if it withdrws its request efore the requested Stte hs informed it of n intention to tke ction on the request; if the requested Stte notifies refusl to tke ction on the request; if the requested Stte expressly relinquishes its right of enforcement. Such relinquishment shll only e possile if oth the Sttes concerned gree or if enforcement is no longer possile in the requested Stte. In the ltter cse, relinquishment demnded y the requesting Stte shll e compulsory. Article 12 1 The competent uthorities of the requested Stte shll discontinue enforcement s soon s they hve knowledge of ny prdon, mnesty or ppliction for review of sentence or ny other decision y reson of which the snction ceses to e enforcele. The sme shll pply to the enforcement of fine when the person sentenced hs pid it to the competent uthority in the requesting Stte. 2 The requesting Stte shll without dely inform the requested Stte of ny decision or procedurl mesure tken on its territory tht cuses the right of enforcement to lpse in ccordnce with the preceding prgrph. c Miscellneous provisions Article 13 1 The trnsit through the territory of Contrcting Stte of detined person, who is to e trnsferred to third Contrcting Stte in ppliction of this Convention, shll e grnted t the request of the Stte in which the person is detined. The Stte of trnsit my require to e supplied with ny pproprite document efore tking decision on the request. The person eing trnsferred shll remin in custody in the territory of the Stte of trnsit, unless the Stte from which he is eing trnsferred requests his relese. 2 Except in cses where the trnsfer is requested under Article 34 ny Contrcting Stte my refuse trnsit: on one of the grounds mentioned in Article 6. nd c; on the ground tht the person concerned is one of its own ntionls. 3 If ir trnsport is used, the following provisions shll pply: when it is not intended to lnd, the Stte from which the person is to e trnsferred my notify the Stte over whose territory the flight is to e mde tht the person concerned is eing trnsferred in ppliction of this Convention. In the cse of n unscheduled lnding such notifiction shll hve the effect of request for provisionl rrest s provided for in Article 32, prgrph 2, nd forml request for trnsit shll e mde; where it is intended to lnd, forml request for trnsit shll e mde.

7 7 ETS 70 Criminl Judgments, 28.V.1970 Article 14 Contrcting Sttes shll not clim from ech other the refund of ny expenses resulting from the ppliction of this Convention. Section 2 Requests for enforcement Article 15 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, if the Contrcting Sttes so gree, 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 other rules in regrd to the communictions referred to in prgrph 1 of this rticle. Article 16 The request for enforcement shll e ccompnied y the originl, or certified copy, of the decision whose enforcement is requested nd ll other necessry documents. The originl, or certified copy, of ll or prt of the criminl file shll e sent to the requested Stte, if it so requires. The competent uthority of the requesting Stte shll certify the snction enforcele. Article 17 If the requested Stte considers tht the informtion supplied y the requesting 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 18 1 The uthorities of the requested Stte shll promptly inform those of the requesting Stte of the ction tken on the request for enforcement. 2 The uthorities of the requested Stte shll, where pproprite, trnsmit to those of the requesting Stte document certifying tht the snction hs een enforced. Article 19 1 Suject to prgrph 2 of this rticle, no trnsltion of requests or of supporting documents 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 requests nd supporting documents e ccompnied y trnsltion into its own lnguge or into one of the officil lnguges of the Council of Europe or into such one of those lnguges s it shll indicte. The other Contrcting

8 8 ETS 70 Criminl Judgments, 28.V.1970 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 20 Evidence nd documents trnsmitted in ppliction of this Convention need not e uthenticted. Section 3 Judgments rendered in senti nd ordonnnces pénles Article 21 1 Unless otherwise provided in this Convention, enforcement of judgments rendered in senti nd of ordonnnces pénles shll e suject to the sme rules s enforcement of other judgments. 2 Except s provided in prgrph 3, judgment in senti for the purposes of this Convention mens ny judgment rendered y court in Contrcting Stte fter criminl proceedings t the hering of which the sentenced person ws not personlly present. 3 Without prejudice to Articles 25, prgrph 2, 26, prgrph 2, nd 29, the following shll e considered s judgments rendered fter hering of the ccused: ny judgment in senti nd ny ordonnnce pénle which hve een confirmed or pronounced in the sentencing Stte fter opposition y the person sentenced; ny judgment rendered in senti on ppel, provided tht the ppel from the judgment of the court of first instnce ws lodged y the person sentenced. Article 22 Any judgment rendered in senti nd ny ordonnnces pénles which hve not yet een the suject of ppel or opposition my, s soon s they hve een rendered, e trnsmitted to the requested Stte for the purpose of notifiction nd with view to enforcement. Article 23 1 If the requested Stte sees fit to tke ction on the request to enforce judgment rendered in senti or n ordonnnce pénle, it shll cuse the person sentenced to e personlly notified of the decision rendered in the requesting Stte. 2 In the notifiction to the person sentenced informtion shll lso e given: c tht request for enforcement hs een presented in ccordnce with this Convention; tht the only remedy ville is n opposition s provided for in Article 24 of this Convention; tht the opposition must e lodged with such uthority s my e specified; tht for the purposes of its dmissiility the opposition is suject to the provisions of Article 24 of this Convention nd tht the person sentenced my sk to e herd y the uthorities of the

9 9 ETS 70 Criminl Judgments, 28.V.1970 sentencing Stte; d tht, if no opposition is lodged within the prescried period, the judgment will, for the entire purposes of this Convention, e considered s hving een rendered fter hering of the ccused. 3 A copy of the notifiction shll e sent promptly to the uthority which requested enforcement. Article 24 1 After notice of the decision hs een served in ccordnce with Article 23, the only remedy ville to the person sentenced shll e n opposition. Such opposition shll e exmined, s the person sentenced chooses, either y the competent court in the requesting Stte or y tht in the requested Stte. If the person sentenced expresses no choice, the opposition shll e exmined y the competent court in the requested Stte. 2 In the cses specified in the preceding prgrph, the opposition shll e dmissile if it is lodged with the competent uthority of the requested Stte within period of 30 dys from the dte on which the notice ws served. This period shll e reckoned in ccordnce with the relevnt rules of the lw of the requested Stte. The competent uthority of tht Stte shll promptly notify the uthority which mde the request for enforcement. Article 25 1 If the opposition is exmined in the requesting Stte, the person sentenced shll e summoned to pper in tht Stte t the new hering of the cse. Notice to pper shll e personlly served not less thn 21 dys efore the new hering. This period my e reduced with the consent of the person sentenced. The new hering shll e held efore the court which is competent in the requesting Stte nd in ccordnce with the procedure of tht Stte. 2 If the person sentenced fils to pper personlly or is not represented in ccordnce with the lw of the requesting Stte, the court shll declre the opposition null nd void nd its decision shll e communicted to the competent uthority of the requested Stte. The sme procedure shll e followed if the court declres the opposition indmissile. In oth cses, the judgment rendered in senti or the ordonnnce pénle shll, for the entire purposes of this Convention, e considered s hving een rendered fter hering of the ccused. 3 If the person sentenced ppers personlly or is represented in ccordnce with the lw of the requesting Stte nd if the opposition is declred dmissile, the request for enforcement shll e considered s null nd void. Article 26 1 If the opposition is exmined in the requested Stte the person sentenced shll e summoned to pper in tht Stte t the new hering of the cse. Notice to pper shll e personlly served not less thn 21 dys efore the new hering. This period my e reduced with the consent of the person sentenced. The new hering shll e held efore the court which is competent in the requested Stte nd in ccordnce with the procedure of tht Stte. 2 If the person sentenced fils to pper personlly or is not represented in ccordnce with the lw of the requested Stte, the court shll declre the opposition null nd void. In tht event, nd if the court declres the opposition indmissile, the judgment rendered in senti or the ordonnnce pénle shll, for the entire purposes of this Convention, e considered s hving een

10 10 ETS 70 Criminl Judgments, 28.V.1970 rendered fter hering of the ccused.

11 11 ETS 70 Criminl Judgments, 28.V If the person sentenced ppers personlly or is represented in ccordnce with the lw of the requested Stte, nd if the opposition is dmissile, the ct shll e tried s if it hd een committed in tht Stte. Preclusion of proceedings y reson of lpse of time shll, however, in no circumstnces e exmined. The judgment rendered in the requesting Stte shll e considered null nd void. 4 Any step with view to proceedings or preliminry enquiry, tken in the sentencing 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 steps greter evidentil weight thn they hve in the requesting Stte. Article 27 For the purpose of lodging n opposition nd for the purpose of the susequent proceedings, the person sentenced in senti or y n ordonnnce pénle shll e entitled to legl ssistnce in the cses nd on the conditions prescried y the lw of the requested Stte nd, where pproprite, of the requesting Stte. Article 28 Any judicil decisions given in pursunce of Article 26, prgrph 3, nd enforcement thereof, shll e governed solely y the lw of the requested Stte. Article 29 If the person sentenced in senti or y n ordonnnce pénle lodges no opposition, the decision shll, for the entire purposes of this Convention, e considered s hving een rendered fter the hering of the ccused. Article 30 Ntionl legisltions shll e pplicle in the mtter of reinsttement if the sentenced person, for resons eyond his control, filed to oserve the time-limits lid down in Articles 24, 25 nd 26 or to pper personlly t the hering fixed for the new exmintion of the cse. Section 4 Provisionl mesures Article 31 If the sentenced person is present in the requesting Stte fter notifiction of the cceptnce of its request for enforcement of sentence involving deprivtion of lierty is received, tht Stte my, if it deems it necessry in order to ensure enforcement, rrest him with view to his trnsfer under the provisions of Article 43.

12 12 ETS 70 Criminl Judgments, 28.V.1970 Article 32 1 When the requesting Stte hs requested enforcement, the requested Stte my rrest the person sentenced: if, under the lw of the requested Stte, the offence is one which justifies remnd in custody, nd if there is dnger of scondence or, in cse of judgment rendered in senti, dnger of secretion of evidence. 2 When the requesting Stte nnounces its intention to request enforcement, the requested Stte my, on ppliction y the requesting Stte rrest the person sentenced, provided tht requirements under nd of the preceding prgrph re stisfied. The sid ppliction shll stte the offence which led to the judgment nd the time nd plce of its perpetrtion, nd contin s ccurte description s possile of the person sentenced. It shll lso contin rief sttement of the fcts on which the judgment is sed. Article 33 1 The person sentenced shll e held in custody in ccordnce with the lw of the requested Stte; the lw of tht Stte shll lso determine the conditions on which he my e relesed. 2 The person in custody shll in ny event e relesed: fter period equl to the period of deprivtion of lierty imposed in the judgment; if he ws rrested in pursunce of Article 32, prgrph 2, nd the requested Stte did not receive, within 18 dys from the dte of the rrest, the request together with the documents specified in Article 16. Article 34 1 A person held in custody in the requested Stte in pursunce of Article 32 who is summoned to pper efore the competent court in the requesting Stte in ccordnce with Article 25 s result of the opposition he hs lodged, shll e trnsferred for tht purpose to the territory of the requesting Stte. 2 After trnsfer, the sid person shll not e kept in custody y the requesting Stte if the condition set out in Article 33, prgrph 2., is met or if the requesting Stte does not request enforcement of further sentence. The person shll e promptly returned to the requested Stte unless he hs een relesed. Article 35 1 A person summoned efore the competent court of the requesting Stte s result of the opposition he hs lodged shll not e proceeded ginst, sentenced or detined with view to the crrying out of sentence or detention order nor shll he for ny other reson e restricted in his personl freedom for ny ct or offence which took plce prior to his deprture from the territory of the requested Stte nd which is not specified in the summons unless he expressly consents in writing. In the cse referred to in Article 34, prgrph 1, copy of the sttement of consent shll e sent to the Stte from which he hs een trnsferred.

13 13 ETS 70 Criminl Judgments, 28.V The effects provided for in the preceding prgrph shll cese when the person summoned, hving hd the opportunity to do so, hs not left the territory of the requesting Stte during 15 dys fter the dte of the decision following the hering for which he ws summoned to pper or if he returns to tht territory fter leving it without eing summoned new. Article 36 1 If the requesting Stte hs requested enforcement of confisction of property, the requested Stte my provisionlly seize the property in question, on condition tht its own lw provides for seizure in respect of similr fcts. 2 Seizure shll e crried out in ccordnce with the lw of the requested Stte which shll lso determine the conditions on which the seizure my e lifted. Section 5 Enforcement of snctions Generl cluses Article 37 A snction imposed in the requesting Stte shll not e enforced in the requested Stte except y decision of the court of the requested Stte. Ech Contrcting Stte my, however, empower other uthorities to tke such decisions if the snction to e enforced is only fine or confisction nd if these decisions re susceptile of ppel to court. Article 38 The cse shll e rought efore the court or the uthority empowered under Article 37 if the requested Stte sees fit to tke ction on the request for enforcement. Article 39 1 Before court tkes decision upon request for enforcement the sentenced person shll e given the opportunity to stte his views. Upon ppliction he shll e herd y the court either y letters rogtory or in person. A hering in person must e grnted following his express request to tht effect. 2 The court my, however, decide on the cceptnce of the request for enforcement in the sence of sentenced person requesting personl hering if he is in custody in the requesting Stte. In these circumstnces ny decision s to the sustitution of the snction under Article 44 shll e djourned until, following his trnsfer to the requested Stte, the sentenced person hs een given the opportunity to pper efore the court. Article 40 1 The court, or in the cses referred to in Article 37, the uthority empowered under the sme rticle, which is deling with the cse shll stisfy itself: tht the snction whose enforcement is requested ws imposed in Europen criminl judgment; tht the requirements of Article 4 re met;

14 14 ETS 70 Criminl Judgments, 28.V.1970 c tht the condition lid down in Article 6. is not fulfilled or should not preclude enforcement; d tht enforcement is not precluded y Article 7; e tht, in cse of judgment rendered in senti or n ordonnnce pénle the requirements of Section 3 of this prt re met. 2 Ech Contrcting Stte my entrust to the court or the uthority empowered under Article 37 the exmintion of other conditions of enforcement provided for in this Convention. Article 41 The judicil decisions tken in pursunce of the present section with respect to the requested enforcement nd those tken on ppel from decisions y the dministrtive uthority referred to in Article 37 shll e ppelle. Article 42 The requested Stte shll e ound y the findings s to the fcts in so fr s they re stted in the decision or in so fr s it is impliedly sed on them. Cluses relting specificlly to enforcement of snctions involving deprivtion of lierty Article 43 When the sentenced person is detined in the requesting Stte he shll, unless the lw of tht Stte otherwise provides, e trnsferred to the requested Stte s soon s the requesting Stte hs een notified of the cceptnce of the request for enforcement. Article 44 1 If the request for enforcement is ccepted, the court shll sustitute for the snction involving deprivtion of lierty imposed in the requesting Stte snction prescried y its own lw for the sme offence. This snction my, suject to the limittions lid down in prgrph 2, e of nture or durtion other thn tht imposed in the requesting Stte. If this ltter snction is less thn the minimum which my e pronounced under the lw of the requested Stte, the court shll not e ound y tht minimum nd shll impose snction corresponding to the snction imposed in the requesting Stte. 2 In determining the snction, the court shll not ggrvte the penl sitution of the person sentenced s it results from the decision delivered in the requesting Stte. 3 Any prt of the snction imposed in the requesting Stte nd ny term of provisionl custody, served y the person sentenced susequent to the sentence, shll e deducted in full. The sme shll pply in respect of ny period during which the person sentenced ws remnded in custody in the requesting Stte efore eing sentenced in so fr s the lw of tht Stte so requires.

15 15 ETS 70 Criminl Judgments, 28.V Any Contrcting Stte my, t ny time, deposit with the Secretry Generl of the Council of Europe declrtion which confers on it in pursunce of the present Convention the right to enforce snction involving deprivtion of lierty of the sme nture s tht imposed in the requesting Stte even if the durtion of tht snction exceeds the mximum provided for y its ntionl lw for snction of the sme nture. Nevertheless, this rule shll only e pplied in cses where the ntionl lw of this Stte llows, in respect of the sme offence, for the imposition of snction of t lest the sme durtion s tht imposed in the requesting Stte ut which is of more severe nture. The snction imposed under this prgrph my, if its durtion nd purpose so require, e enforced in penl estlishment intended for the enforcement of snctions of nother nture. c Cluses relting specificlly to enforcement of fines nd confisctions Article 45 1 If the request for enforcement of fine or confisction of sum of money is ccepted, the court or the uthority empowered under Article 37 shll convert the mount thereof into the currency of the requested Stte t the rte of exchnge ruling t the time when the decision is tken. It shll thus fix the mount of the fine, or the sum to e confiscted, which shll nevertheless not exceed the mximum sum fixed y its own lw for the sme offence, or filing such mximum, shll not exceed the mximum mount customrily imposed in the requested Stte in respect of like offence. 2 However, the court or the uthority empowered under Article 37 my mintin up to the mount imposed in the requesting Stte the sentence of fine or of confisction when such snction is not provided for y the lw of the requested Stte for the sme offence, ut this lw llows for the imposition of more severe snctions. The sme shll pply if the snction imposed in the requesting Stte exceeds the mximum lid down in the lw of the requested Stte for the sme offence, ut this lw llows for the imposition of more severe snctions. 3 Any fcility s to time of pyment or pyment y instlments, grnted in the requesting Stte, shll e respected in the requested Stte. Article 46 1 When the request for enforcement concerns the confisction of specific oject, the court or the uthority empowered under Article 37 my order the confisction of tht oject only in so fr s such confisction is uthorised y the lw of the requested Stte for the sme offence. 2 However, the court or the uthority empowered under Article 37 my mintin the confisction ordered in the requesting Stte when this snction is not provided for in the lw of the requested Stte for the sme offence ut this lw llows for the imposition of more severe snctions. Article 47 1 The proceeds of fines nd confisctions shll e pid into the pulic funds of the requested Stte without prejudice to ny rights of third prties. 2 Property confiscted which is of specil interest my e remitted to the requesting Stte if it so requires.

16 16 ETS 70 Criminl Judgments, 28.V.1970 Article 48 If fine cnnot e excted, court of the requested Stte my impose n lterntive snction involving deprivtion of lierty in so fr s the lws of oth Sttes so provide in such cses unless the requesting Stte expressly limited its request to excting of the fine lone. If the court decides to impose n lterntive snction involving deprivtion of lierty, the following rules shll pply: If conversion of fine into snction involving deprivtion of lierty is lredy prescried either in the sentence pronounced in the requesting Stte or directly in the lw of tht Stte, the court of the requested Stte shll determine the nture nd length of such snction in ccordnce with the rules lid down y its own lw. If the snction involving deprivtion of lierty lredy prescried in the requesting Stte is less thn the minimum which my e imposed under the lw of the requested Stte, the court shll not e ound y tht minimum nd impose snction corresponding to the snction prescried in the requesting Stte. In determining the snction the court shll not ggrvte the penl sitution of the person sentenced s it results from the decision delivered in the requesting Stte. In ll other cses the court of the requested Stte shll convert the fine in ccordnce with its own lw, oserving the limits prescried y the lw of the requesting Stte. d Cluses relting specificlly to enforcement of disqulifiction Article 49 1 Where request for enforcement of disqulifiction is mde such disqulifiction imposed in the requesting Stte my e given effect in the requested Stte only if the lw of the ltter Stte llows for disqulifiction for the offence in question. 2 The court deling with the cse shll pprise the expediency of enforcing the disqulifiction in the territory of its own Stte. Article 50 1 If the court orders enforcement of the disqulifiction it shll determine the durtion thereof within the limits prescried y its own lw, ut my not exceed the limits lid down in the sentence imposed in the requesting Stte. 2 The court my order the disqulifiction to e enforced in respect of some only of the rights whose loss or suspension hs een pronounced. Article 51 Article 11 shll not pply to disqulifictions. Article 52 The requested Stte shll hve the right to restore to the person sentenced the rights of which he hs een deprived in ccordnce with decision tken in ppliction of this section.

17 17 ETS 70 Criminl Judgments, 28.V.1970 Prt III Interntionl effects of Europen criminl judgments Section 1 Ne is in idem Article 53 1 A person in respect of whom Europen 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, of if the suject of the judgment hd himself pulic sttus in tht Stte. 3 Furthermore, ny 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 54 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 55 This section shll not prevent the ppliction of wider domestic provisions relting to the effect of ne is in idem ttched to foreign criminl judgments. Section 2 Tking into considertion Article 56 Ech Contrcting Stte shll legislte s it deems pproprite to enle its courts when rendering judgment to tke into considertion ny previous Europen criminl judgment rendered for nother offence fter hering of the ccused with view to ttching to this judgment ll or some of the effects which its lw ttches to judgments rendered in its territory. It shll determine the conditions in which this judgment is tken into considertion.

18 18 ETS 70 Criminl Judgments, 28.V.1970 Article 57 Ech Contrcting Stte shll legislte s it deems pproprite to llow the tking into considertion of ny Europen criminl judgment rendered fter hering of the ccused so s to enle ppliction of ll or prt of disqulifiction ttched y its lw to judgments rendered in its territory. It shll determine the conditions in which this judgment is tken into considertion. Prt IV Finl provisions Article 58 1 This Convention shll e open to signture y the memer Sttes represented on the Committee of Ministers 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 The Convention shll enter into force three months fter the dte of the deposit of the third instrument of rtifiction or cceptnce. 3 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 59 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 receives 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 60 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 66 of this Convention.

19 19 ETS 70 Criminl Judgments, 28.V.1970 Article 61 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 to this Convention. 2 Any Contrcting Stte my wholly or prtly withdrw reservtion 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 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 62 1 Any Contrcting Stte my t ny time, y declrtion ddressed to the Secretry Generl of the Council of Europe, set out the legl provisions to e included in Appendices II or III to this Convention. 2 Any chnge of the ntionl provisions listed in Appendices II or III shll e notified to the Secretry Generl of the Council of Europe if such chnge renders the informtion in these ppendices incorrect. 3 Any chnges mde in Appendices II or 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 63 1 Ech Contrcting Stte shll, t the time of depositing its instrument of rtifiction, cceptnce or ccession, supply the Secretry Generl of the Council of Europe with relevnt informtion on the snctions pplicle in tht Stte nd their enforcement, for the purposes of the ppliction of this Convention. 2 Any susequent chnge which renders the informtion supplied in ccordnce with the previous prgrph incorrect, shll lso e notified to the Secretry Generl of the Council of Europe. Article 64 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.

20 20 ETS 70 Criminl Judgments, 28.V 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 shll notify the Secretry Generl of the Council of Europe to tht effect. Article 65 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 66 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 67 The Secretry Generl of the Council of Europe shll notify the memer Sttes represented on the Committee of Ministers of the Council, nd ny Stte tht hs cceded to this Convention, of: 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 58 thereof; d ny declrtion received in pursunce of Article 19, prgrph 2: e ny declrtion received in pursunce of Article 44, prgrph 4: f ny declrtion received in pursunce of Article 60: g h i ny reservtion mde in pursunce of the provisions of Article 61, prgrph 1, nd the withdrwl of such reservtion; ny declrtion received in pursunce of Article 62, prgrph 1, nd ny susequent notifiction received in pursunce of tht rticle, prgrph 2; ny informtion received in pursunce of Article 63, prgrph 1, nd ny susequent notifiction received in pursunce of tht rticle, prgrph 2;

21 21 ETS 70 Criminl Judgments, 28.V.1970 j k ny notifiction concerning the ilterl or multilterl greements concluded in pursunce of Article 64, prgrph 2, or concerning uniform legisltion introduced in pursunce of Article 64, prgrph 3; ny notifiction received in pursunce of Article 66, nd the dte on which denuncition tkes effect. Article 68 This Convention nd the declrtions nd notifictions uthorised thereunder shll pply only to the enforcement of decisions rendered fter the entry into force of the Convention etween the Contrcting Sttes concerned. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t The Hgue, this 28th dy of My 1970, in English nd French, oth texts eing eqully uthorittive in single copy which shll remin deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech of the signtory nd cceding Sttes.

22 22 ETS 70 Criminl Judgments, 28.V.1970 APPENDIX I Ech Contrcting Stte my declre tht it reserves the right: c d e f to refuse enforcement, if it considers tht the sentence reltes to fiscl or religious offence; to refuse enforcement of snction for n ct which ccording to the lw of the requested Stte could hve een delt with only y n dministrtive uthority; to refuse enforcement of Europen criminl judgment which the uthorities of the requesting Stte rendered on dte when, under its own lw, the criminl proceedings in respect of the offence punished y the judgment would hve een precluded y the lpse of time; to refuse the enforcement of snctions rendered in senti nd ordonnnces pénles or of one of these ctegories of decisions only; to refuse the ppliction of the provisions of Article 8 where this Stte hs n originl competence nd to recognise in these cses only the equivlence of cts interrupting or suspending time limittion which hve een ccomplished in the requesting Stte; to ccept the ppliction of Prt III in respect of one of its two sections only.

23 23 ETS 70 Criminl Judgments, 28.V.1970 APPENDIX II List of offences other thn offences delt with under criminl lw

24 24 ETS 70 Criminl Judgments, 28.V.1970 APPENDIX III List of Ordonnnces pénles