Advanced Search

Scope Of The European Convention On The International Validity Of Criminal Judgments

Original Language Title: Geltungsbereich des Europäischen Übereinkommens über die internationale Geltung von Strafurteilen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

41. Revelation of the Federal Chancellor concerning the scope of the European Convention on the International Application of Stravening

According to the Communications of the Secretary-General of the Council of Europe, the following other countries have their instruments of ratification of the European Convention on the International Application of Criminal Parts (BGBl. No 249/1980, last proclamation of the BGBl area. III N ° 58/2007):

States:

Date of deposit of the instrument of ratification:

Belgium

30 June 2010

Montenegro

19 March 2010

On the occasion of the deposit of their instrument of ratification, the following states have declared the following reservations, or Statements made:

Belgium:

Belgium reserves the right to enforce the right of absentee and penal decrees (Annex I lit. (d) Reject

In accordance with Article 19 (2) of the Convention, Belgium reserves the right to require that the requests and the attached documents be transmitted with a translation into French, Dutch, German or English.

Montenegro:

In accordance with Article 19 (2) of the Convention, Montenegro reserves the right to require that the requests and the attached documents be transmitted with a translation into the Montenegrin language.

In accordance with Article 61 (1) of the Convention, Montenegro reserves the right to:

-to refuse execution if it considers that the conviction relates to a fiscal or religious criminal offence;

-to refuse the enforcement of a sanction for an act which, under the law of Montenegro, would have been the sole authority of an administrative authority;

-to refuse the execution of a European criminal offence which the authorities of Montenegro have issued at a time when the prosecution is based on the criminal act on which the judgment is based, in accordance with its law as a result of the statute of limitations. had been excluded;

-to refuse the enforcement of judgments of absentia and the imposition of criminal proceedings;

-to reject the application of the provisions of Article 8 in cases where Montenegro has an initial competence, and only to ensure equivalence between the periods of limitation.

to recognise interrupting or impeding measures taken in the requesting State.

Faymann