Key Benefits:
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; |
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-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; |
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-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; |
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-to refuse the enforcement of judgments of absentia and the imposition of criminal proceedings; |
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-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