wetzoeker

Article 53 Europees Verdrag inzake de internationale geldigheid van strafvonnissen

Ne bis in idem

1 A person in respect of whom a European criminal judgment has been rendered may for the same act neither be prosecuted nor sentenced nor subjected to enforcement of a sanction in another Contracting State:

(a) if he was acquitted;

(b) if the sanction imposed:

(i) has been completely enforced or is being enforced, or

(ii) has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty, or

(iii) can no longer be enforced because of lapse of time;

(c) if the court convicted the offender without imposing a sanction.

2 Nevertheless, a Contracting State shall not, unless it has itself requested the proceedings, be obliged to recognise the effect of ne bis in idem if the act which gave rise to the judgment was directed against either a person or an institution or any thing having public status in that State, or if the subject of the judgment had himself a public status in that State.

3 Furthermore, any Contracting State where the act was committed or considered as such according to the law of that State shall not be obliged to recognise the effect of ne bis in idem unless that State has itself requested the proceedings.

Regeling
Europees Verdrag inzake de internationale geldigheid van strafvonnissen
Soort
Verdrag
Geldend vanaf
06-09-1993
BWB-id
BWBV0001038
Versie
1993-09-06_0

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