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Article 11 Europees Verdrag aangaande de wederzijdse rechtshulp in strafzaken

Service of Writs and Records of Judicial Verdicts - Appearance of Witnesses, Experts and prosecuted Persons

1 A person in custody whose personal appearance for evidentiary purposes other than for standing trial is applied for by the requesting Party shall be temporarily transferred to its territory, provided that he or she shall be sent back within the period stipulated by the requested Party and subject to the provisions of Article 12 of this Convention, in so far as these are applicable.

Transfer may be refused if:

a) the person in custody does not consent;

b) his or her presence is necessary at criminal proceedings pending in the territory of the requested Party;

c) transfer is liable to prolong his or her detention, or

d) there are other overriding grounds for not transferring him or her to the territory of the requesting Party.

2 Subject to the provisions of Article 2 of this Convention, in a case coming within paragraph 1, transit of the person in custody through the territory of a third Party, shall be granted on application, accompanied by all necessary documents, addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the Party through whose territory transit is requested. A Party may refuse to grant transit to its own nationals.

A Contracting Party may refuse to grant transit to its own nationals.

3 The transferred person shall remain in custody in the territory of the requesting Party and, where applicable, in the territory of the Party through which transit is requested, unless the Party from whom transfer is requested applies for his or her release.

Regeling
Europees Verdrag aangaande de wederzijdse rechtshulp in strafzaken
Soort
Verdrag
Geldend vanaf
01-04-2011
BWB-id
BWBV0001009
Versie
2011-04-01_0

In de hele regeling · Officiële tekst op wetten.overheid.nl