Posted the: 2010-09-21 Numac: 2010015089 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE April 6, 2010. -Law concerning consent to the European Convention on the international validity of criminal judgments, made in the Hague on 28 May 1970 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. the European Convention on the international validity of criminal judgments, made in the Hague on 28 May 1970, released its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, April 6, 2010.
ALBERT by the King: Foreign Minister S. VANACKERE. the Minister of Justice, S. DE CLERCK seen and sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) 2008 - 2009 and 2009-2010 Session.
Documents. -Bill filed April 1, 2009, no. 4 - 1266/1. -Report, n ° 4-1266/2. -Report, n ° 4-1266/3.
-Discussion and vote. December 10, 2009 meeting.
Room: Documents. -Text transmitted by the Senate, no. 52-2319/1. -Text adopted in plenary and subject to Royal assent, session No. 52-2319/2.
Parliamentary Annals. -Discussion and vote. Meeting of January 28, 2010.
Convention European on the international validity of criminal judgments preamble the Member States of the Council of Europe, signatories to this Convention, considering that the fight against crime which effects occur more and more beyond the borders of the same country, requires internationally the use of modern and effective methods;
Convinced of the need to pursue a common criminal policy aimed at the protection of society;
Aware of the need to respect human dignity and to promote the reclassification of offenders;
Considering that the aim of the Council of Europe is to achieve greater unity between its members, have agreed as follows: title I:. (-Définitions Article 1er Àle sens de la présente Convention, l'expression: a)"European punitive judgment" means any final decision of a criminal court of a Contracting State as a result of a criminal action;
' b)"offense" includes, in addition to the facts constituting criminal offences, those who are covered by the legal provisions mentioned in annex II to this Convention provided that, if those provisions give competence to an administrative authority, the person concerned has the opportunity to bring the case to a judicial body;
"c)' conviction ' means the making of a sanction;
"d)" sanction "means any penalty and measure applied to an individual an offence and made expressly in European punitive judgment or in a criminal order;
"e)' revocation ' means any deprivation or suspension of a right, any prohibition or incapacity;
' f)"default judgment" means any decision deemed as under paragraph 2 of article 21;
' g)"criminal order" means one any of the decisions rendered in another Contracting State, referred to in annex III to this Convention.
TITLE II. -Implementation of European criminal judgments Section 1st.
(- General provisions (a) - General Conditions of the execution Article 2 this title is applicable: a) custodial sanctions of freedom;
(b) fines or forfeitures;
(c) to disqualifications.
Section 3(1). In the cases and conditions provided for in this Convention each Contracting State has jurisdiction to proceed with the execution of a sanction pronounced in one other Contracting States and which is enforceable.
2. this jurisdiction may be exercised as a result of a request for enforcement by the other Contracting State.
Article 4 1. A penalty can only be carried out by another State Contracting if under the law of that State and in case of commission in this State for which the sanction has been pronounced would constitute an offence and that the author would be punishable.
2. If sentencing punishes several offences which some do not meet the conditions laid down in paragraph 1, the sentencing State indicates which part of the penalty applicable to offences that meet these conditions.
Article 5 the sentencing State may not seek enforcement of a sanction in another Contracting State if one or more of the following conditions are met: a) if the convicted person has his habitual residence in another State;
(b) if the execution of the sanction in the other State is likely to improve the possibilities of social rehabilitation of the convicted person;
(c) if it is a private freedom penalty that could be executed in the other State as a result of another custodial sanction of freedom than the sudden condemned or must undergo in this State;
(d) if the other State is the State of origin of the convicted person and has already declared itself ready to take on the implementation of this sanction;
(e) if he considers that it is not able to run itself the sanction, even by having recourse to extradition, and that the other State is.
Article 6 the performance required under the conditions laid down in the foregoing cannot be refused completely or partially in one of the following events: a) If execution would be contrary to the fundamental principles of the legal system of the requested State;
(b) if the requested State considers that the offence punishable by sentencing is political in nature or that it is a purely military offence;
(c) if the requested State considers that there are reasonable grounds to believe that the conviction has been caused or aggravated by considerations of race, religion, nationality or political opinion;
(d) If execution is contrary to the international obligations of the requested State;
(e) if the fact is subject to prosecution in the requested State or if it decides to prosecute;
f) if the competent authorities of the requested State have decided not to prosecute or to terminate proceedings they have performed for the same fact;
(g) if the Act was committed outside the territory of the requesting State;
(h) if the requested State is unable to run the sanction;
(i) if the application is based on paragraph e of article 5, and that none of the other conditions laid down in this article is met;
(j) if the requested State considers that the requesting State is able to run itself the sanction;
k) If, because of his age at the time of the commission of the Act, the condemned could not be prosecuted in the requested State;
l) if the penalty is already required under the law of the requested State;
(m) where the judgment pronounced disqualification.
Article 7 it can be given a request for execution if this execution meets the principles recognized by the provisions of the first section of title III of this Convention.
b effects of transmission of execution Article 8 for the purpose of paragraph 1 of article 6 and the mentioned reserve under c in the Ire of the Convention Annex acts interrupting or suspensive limitation validly performed by the authorities of the sentencing State are considered in the requested State as having produced the same effect for the appreciation of the requirement under the law of that State.
Article 9 1.
The sentenced person detained in the requesting State which has been restored to the State required for the purposes of execution will be pursued, nor tried, detained for the execution of a sentence or a security measure, nor subjected to any other restriction of his freedom for a fact any prior to surrender, other than that which motivated the sentence run (except in the following cases: a) the State which handed him consents. An application will be made therefor, accompanied by all useful documents and a judicial report documenting any declaration made by the convicted person. This consent shall be given when the offence for which it is requested could give rise to extradition under the law of the State requesting enforcement or when extradition would be excluded because of the level of the penalty;
(b) when the opportunity to do the convict has left not within 45 days following its final enlargement, the territory of the State in which it was delivered or if he has returned after having left.
2. However, the requested execution state may take the necessary measures for a share of a possible reference in the territory, on the other hand of an interruption of the prescription in accordance with its legislation, including the use of a default procedure.
Article 10 1. Execution is governed by the law of the requested State and that only State is competent to take all appropriate decisions especially regarding parole.
2. the requesting State, alone, has the right to decide on any application for review lodged against the conviction.
3 each of the two States can exercise the right of amnesty or grace.
Article 11 1. As soon as the sentencing State has submitted the application for enforcement, it can no longer implement the sanction that is the subject. However, the sentencing State may implement a custodial sanction when the sentenced person is already detained on the territory of that State at the time of the application.
(2. the requesting State resumes its right of execution: a) if it withdraws its request before the requested State has informed him of his intention to respond;
b) if the requested State informs him of his refusal to give the request;
(c) if the requested State expressly waives his right to run. This waiver can take place if the two States concerned agree or if execution is no longer possible in the requested State. It is, in the latter case, mandatory if the requesting State has lodged the application.
Article 12a) the competent authorities of the requested State must end execution as soon as they have knowledge of pardon, Amnesty, an action for review or any other decision which has the effect to remove the sanction enforceable. It in is similarly with regard to the execution of a fine when the sentenced person has paid to the competent authority of the requesting State.
(b) the requesting State shall inform without delay the State required of any decision or any pleading on its territory which, in accordance with the preceding paragraph, put an end to the performing right.
c provisions various Article 13 1. The transit through the territory of a Contracting State of a person who is detained and should be transferred to a third State Contracting under this Convention, shall be granted upon request of the State where this person is detained. The transit State may require to receive communication from any appropriate document before making a decision on the request. The transferred person shall remain in custody in the territory of the transit State, unless the State from which it is transferred requests his release.
2. except in the case where the transfer is required by article 34, any Contracting State may refuse to grant transit: a) for any of the reasons set out in paragraphs (b) and (c) of article 6;
(b) if the person in question is one of its nationals.
3. where the air is used, it is application of the following provisions: a) when no landing is planned, the State from which the person is to be transferred may notify the State to which the territory will be flying over that the person concerned is transferred pursuant to this agreement. In the case of unscheduled landing, this notification the effect of the request for provisional arrest referred to in paragraph 2 of article 32, and a regular request for transit shall be made;
(b) when a landing is planned, a regular request for transit shall be made.
Article 14 the Contracting States renounce on part and to claim reimbursement of the costs resulting from the application of this Convention.
Section 2. – Requests for execution Article 15 1. The applications provided for by this Convention are made in writing. They are addressed as well as all communications necessary for the application of this Convention either by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State, either under an agreement between the Contracting States concerned, directly by the authorities of the requesting State to those of the State required and returned by the same route.
2. in case of urgency, requests and communications may be transmitted through the International Criminal Police Organization (Interpol).
3. any Contracting State may, by declaration addressed to the Secretary general of the Council of Europe, publicizing that it intends to derogate from the transmission rules set out in paragraph 1 of this article.
Article 16 the request for enforcement is accompanied by the original or a certified copy of the decision whose enforcement is sought as well as all the useful parts. The original or a certified copy of all or part of the criminal case will be transmitted to the State required upon request. Enforceability of sanction is certified by the competent authority of the requesting State.
Article 17 if the State required determines that the information provided by the requesting State are inadequate to enable it to apply this Convention, it shall request the necessary additional information. It may set a deadline for obtaining this information.
Section 18 (1). The authorities of the requested State immediately inform those of the requesting State of the suite which is given to the request for enforcement.
2. where appropriate, the authorities of the requested State challenge to those of the requesting State a document certifying that the punishment has been completed.
Article 19 1. Subject to the provisions of paragraph 2 of this article, the translation of requests and the annexes may be required.
2 any Contracting State may, at the time of signature or of the deposit of its instrument of ratification, acceptance or accession, by declaration addressed to the Secretary general of the Council of Europe, reserve the right to require that requests and annexes be addressed with either a translation into its own language or a translation into one any of the official languages of the Council of Europe or in one of these languages as it may direct. Other States can apply the rule of reciprocity.
3. This article is without prejudice to the provisions relating to the translation of applications and annexes contained in agreements or arrangements in force or to intervene between two or more Contracting States.
Article 20 parts and documents transmitted in application of this Convention shall be exempt from all legalisation formalities.
Section 3. -Default judgments and criminal orders Article 21 1. Subject to contrary provisions contained in this Convention, the implementation of default judgments and criminal orders is subject to the same rules as other judgments.
2. subject to paragraph 3, shall be deemed default judgment within the meaning of this Convention any decision by a criminal court of a Contracting State as a result of criminal proceedings while the condemned man did not appear in person at the hearing.
3. without prejudice to paragraph 2 of article 25, paragraph 2 of article 26 and article 29, is deemed contradictory: has) any judgment by default and any criminal order, confirmed or pronounced as a result of the opposition of the convicted person in the sentencing State;
(b) any default judgment on appeal provided that the appeal against the judgment of first instance has brought by the convicted person.
Article 22 the default judgment and criminal order which have not been the object of opposition or other remedies, can be sent to the requested State as soon as they are handed down for notification and possible execution.
Article 23 1. If the requested State considers that instead of giving the request for enforcement of a default judgment or a criminal order there, he notify the prisoner in person the decision in the requesting State.
2. in the Act of notification sent to the convicted person, notice is given: has) that a request for enforcement is made in accordance with this Convention;
(b) that the only way open recourse is the opposition laid down in article 24;
(c) that the statement of opposition must be made to the authority which it is designated and that this statement is subject to its admissibility requirements under article 24 and that he may request to be tried by the authorities of the sentencing State;
d) that in the absence of an opposition within a useful period, the decision is deemed contradictory to the full implementation of the Convention.
3 copy of the Act of notification is sent without delay to the authority who requested the execution.
Article 24 1. As soon as the decision has been notified in accordance with article 23, the only way of appeal open to the condemned is the opposition.
This opposition is submitted according to the choice of the convicted person, either on the jurisdiction of the requesting State, or to that of the requested State. If the convicted person does not choose express, the opposition is subject to the jurisdiction of the requested State.
2. in the two cases referred to in the preceding paragraph, the opposition is admissible if it is made by declaration addressed to the competent authority of the requested State within a period of 30 days from the day of notification. The period shall be calculated in accordance with the rules is rules of the law of the requested State. The competent authority of that State shall notify without delay the authority which made the request for enforcement.
Article 25 1. If the opposition is considered in the requesting State, the convicted person is subpoenaed in this State at the hearing fixed for new consideration of the case. This quote will be notified in person at least 21 days prior to this review. This period may be shortened with the consent of the person sentenced. The re-examination takes place before the competent court of the requesting State and the procedure of that State.
2. If the convicted person does not appear in person or is not represented in accordance with the law of the requesting State, the judge declares opposition not avenue and its decision shall be communicated to the competent authority of the requested State. It is also the case when the judge declares the opposition inadmissible. In one and in the other case the judgment by default or the criminal order is deemed contradictory to the full implementation of the Convention.
3. If the convicted person attends in person or is represented in accordance with the law of the requesting State and if the opposition is admissible, the request for enforcement is considered as non-avenue.
Article 26 1. If the opposition is found in the requested State, the convicted person is subpoenaed in this State at the hearing fixed for new consideration of the case. This quote will be notified in person at least 21 days prior to this review. This period may be shortened with the consent of the person sentenced. The new
examination is conducted before the competent judge of the requested State and the procedure of that State.
2. If the convicted person does not appear in person or is not represented in accordance with the law of the requested State, the judge said the opposition not avenue. In this case, and when judge declares inadmissible opposition, the judgment by default or the criminal order is deemed contradictory for the entire purposes of this Convention.
3. If the convicted person appearing in person or is represented in accordance with the law of the requested State, and if the opposition is admissible, the fact is deemed to be the same act committed in that State. However, it may be considered whether the prescription of the criminal action would be acquired.
The judgement in the requesting State is considered non-existent.
4. any act for prosecution or instruction, accomplished in the sentencing State in accordance with the laws and regulations that are in force, has the same value in the requested State only if it had been completed by the authorities of that State, unless this assimilation may have the effect of giving to this Act a probative force greater than that which it has in the requesting State.
Article 27 for the introduction of the opposition and the procedure that follows, the default convicted or by a criminal order is entitled to the assignment of office of an advocate in the cases and conditions provided by the law of the requested State and, where appropriate, of the requesting State.
Article 28 judicial decisions under paragraph 3 of article 26 and their performance are only governed by the law of the requested State.
Article 29 if the default condemned or by a criminal order does not oppose, the decision is considered contradictory for the entire purposes of this Convention.
Article 30 the provisions of the national laws relating to the refund in full are applicable when for reasons beyond its control, the convicted person failed to observe the time limits referred to in articles 24, 25 and 26 or to appear at the hearing scheduled for the reconsideration of the case.
Section 4. -Provisional measures Article 31 if the person is present in the requesting State after the notification of the acceptance of the request of this State for the enforcement of a judgment involving a deprivation of liberty has been received, that State may, if it considers it necessary to ensure execution, arrest the person for the purposes of the transfer in accordance with the provisions of article 43.
Section 32 1. Where the requesting State has requested enforcement, the requested State may proceed to the arrest of the offender: a) if the law of the requested State permits preventive detention because of the offence, and b) if there is a danger of leakage or, in the case of a default conviction, a danger of obfuscation of the evidence.
2. where the requesting State announces its intention to request enforcement, the requested State may, at the request of the requesting State, proceed to the arrest of convicted provided that the conditions mentioned under a and b of the preceding paragraph are met. This request must indicate the offence that resulted in the conviction, the time and the place where it was committed, as well as reporting as accurate as possible of the convicted person.
It must also include a brief statement of the facts underlying the conviction.
Article 33 1. The detention is governed by the law of the requested State and it also determines the conditions under which the person arrested may be released.
2. detention shall end in all cases: a) if its duration reaches the private sanctions imposed;
(b) if he proceeded to arrest pursuant to paragraph 2 of article 32, and if the requested State has not received within 18 days from the date of the arrest the request together with parts referred to in article 16.
Article 34 1. The detainee in the statement required under article 32 and cited to appear at the hearing of the Court of competent jurisdiction in the requesting State in accordance with article 25, as a result of the opposition that it made, is transferred to this end on the territory of that State.
2. the holding of the transferee is not maintained by the requesting State in the cases referred to in paragraph 2(a) of article 33, or if the requesting State does not request the enforcement of the new sentence. The transferee is returned within the shortest time in the requested State, unless she is released.
Section 35 (1). A person summoned before a competent court of the requesting State as a result of the opposition it has made will be continued, judged, owned for the execution of a sentence or a security measure or subjected to any other restriction of personal liberty for a fact any prior to his departure from the territory of the State required and not referred to in the quotation unless that person expressly consents in writing.
In the case provided for in paragraph 1 of article 34, a copy of the declaration of consent will be forwarded to the State from which the person was transferred.
2. the effects provided for in the preceding paragraph shall cease when the quoted person, having had the opportunity to do so, has not left the territory of the requesting State within 15 days after the date of the decision following the hearing at which she appeared or if it is returned without being quoted again after leaving.
Section 36 (1). Where the requesting State has requested enforcement of a confiscation, the requested State may proceed with the provisional seizure if its law provides for the seizure for similar acts.
2. the seizure is governed by the law of the requested State and it also determines the conditions under which the seizure may be lifted.
Section 5. -Execution of sanctions has - General Clauses Article 37 the execution of a penalty imposed in the requesting State cannot take place in the State required only by a decision of the Court of this State. However, any Contracting State may load other authorities take such decisions if it is only executing a fine or confiscation and judicial remedies is scheduled against these decisions.
Article 38 the case is brought before the courts or the authority designated under article 37 if the requested State considers that there is place to respond to the request for enforcement.
Article 39 1. Before taking a decision on the request for enforcement, the judge gives to the offender the opportunity to present his point of view. If the condemned the request, it is heard or rogatory commission, either in person to justice. The hearing in person is ordered at the express request of the convicted person.
2. However, the judge may, if the convict who asked to appear in person is detained in the requesting State, to rule in his absence, on the acceptance of the request for enforcement. In this case, the decision relating to the substitution of the penalty referred to in section 44, is adjourned until the convicted person as a result of its transfer to the requested State has the opportunity to appear before the judge.
Article 40 1. The judge hearing the case or in the case provided for in article 37, the authority designated under the same article shall ensure: has) that the sanction whose enforcement is requested was imposed by a European punitive judgment;
(b) that the conditions laid down in article 4 are met;
(c) that the condition laid down in paragraph a of article 6 is not met or that it does not oppose execution;
(d) execution is not struck in article 7;
(e) in the case of a default conviction or a criminal order, satisfied the conditions set out in section 3 of this title.
2 any Contracting State is free to charge the judge or authority designated under article 37 of the consideration of other conditions of execution provided for by this Convention.
Article 41 remedies shall be provided against judicial decisions under this section for the requested operation or those taken on appeal against a decision of the administrative authority designated under article 37: section 42 the requested State is bound by the finding of facts insofar as they are set out in the decision or to the extent that it relies implicitly on them.
b - special provisions for the implementation of Article 43-custodial sanctions if the convicted person is held in the requesting State, unless otherwise provided by the law of this State, it must be transferred to the requested State as soon as the requesting State informed of the acceptance of the request for enforcement.
Article 44 1. When the request for enforcement is granted, the judge overrides private assent of liberty imposed in the requesting State a penalty provided for by its own law for the same offence. This penalty may, within the limits set in paragraph 2, be of another nature or duration as that imposed in the State applicant. If this last sanction is less as a minimum that the law of the requested State can decide, the judge is not bound by that minimum and applied a sanction corresponding to the penalty imposed in the requesting State.
2. when establishing the penalty, the judge may aggravate the Penal situation of the resulting condemned of the decision in the requesting State.
3. any part of the penalty imposed in the requesting State and any period of pre-trial detention, suffered by the convicted person after sentencing, are charged fully. He in is the same with regard to pre-trial detention suffered by the convicted person in the requesting State before his conviction provided that this obligation arises from the law of this State.
4 any Contracting State may, at any time, file with the Secretary general of the Council of Europe a declaration which confers to it pursuant to this Convention, the right to run a private sanction of freedom the same nature as that imposed in the requesting State, even if the duration exceeds the maximum provided for in its national legislation for a sanction of this nature. However, this rule cannot be applied in cases where the national law of that State to pronounce for the same that a sanction which has at least the same duration as that imposed in the requesting State but which is of a more severe nature. The penalty imposed under this paragraph may, if its duration and its purpose so require, being executed in a prison for the execution of sanctions of a different nature.
c special clauses to enforcement of fines or confiscation Article 45 1. When the request for enforcement of a fine or forfeiture of a sum of money is granted, the judge or the authority designated under article 37 converts the amount in monetary units of the requested State, by applying the rate of exchange prevailing at the time when the decision is taken. It determines therefore the amount of the fine or the sum to be confiscated without exceeding the maximum fixed by the law of that State for the same offence, or in the absence of legal maximum, the maximum of the amount usually pronounced in this State for such a fact.
2. However, the judge or the authority designated under article 37 is free to maintain the amount delivered to the requesting State the conviction to the fine or forfeiture where this punishment is not provided for by the law of the requested State for the same fact, but it allows for more severe sanctions. It is also where the penalty imposed by the requesting State exceeds the rate provided for by the law of the requested State for the same fact, but that allows it to more severe sanctions.
3. all facilitated payment related, either the time or staggered payments, granted by the requesting State will be respected by the requested State.
Article 46 1. Where the request for enforcement is the forfeiture of a specified object, the judge or the authority designated under article 37 cannot order the confiscation of this object if it is authorized by the law of the requested State for the same offence.
2. However, the judge or the authority designated under article 37 is free to maintain the confiscation pronounced in the requesting State where this punishment is not provided for in the law of the requested State for the same fact, but it allows more serious sanctions.
Article 47 1. The proceeds of fines and confiscations returned to the requested State Treasury, without prejudice to the rights of third parties.
2. confiscated objects that represent a particular interest may be returned to the State requesting his request.
Article 48 where execution of a fine is not possible, a private replacement sanction of liberty may be applied by a judge in the requested State if the law of both States provides in such a case, unless the requesting State has expressly limited its application to the performance of the only fine. If the judge decides to impose a replacement sanction of deprivation of liberty, the following rules shall apply: a) when the conversion of the fine in a custodial sanction is already prescribed in the condemnation made in the requesting State or directly in the law of this State, the judge of the requested State determines the kind and duration according to the rules laid down by its Statute. If private assent of liberty already prescribed in the requesting State is at least less the law of the requested State to decide, the judge is not bound by that minimum and applied a sanction corresponding to the sanction prescribed in the requesting State. When establishing the penalty, the judge may aggravate the Penal situation of the resulting condemned of the decision in the requesting State.
(b) in any other case, the judge in the requested State performs the conversion under its own law within the limits prescribed by the law of the requesting State.
d special clauses to execution of disqualifications Article 49 1. When a request for enforcement of a disqualification is made, it cannot be given effect to the disqualification imposed in the requesting State only if the law of the requested State can withdraw for such an offence.
2. the judge of the case appreciates the opportunity to execute the forfeiture on the territory of his country.
Section 50 (1). If the judge orders the execution of the forfeiture, it determines the duration within the limits prescribed by its own law shall not exceed those which are set by the punitive judgement in the requesting State.
2. the judge may limit revocation part of rights including deprivation or suspension is pronounced.
Article 51 article 11 is not applicable to disqualifications.
Article 52 the requested State has the right to restore the convict in the rights which it had been deprived by a decision taken pursuant to this section.
TITLE III. -International effects of European criminal judgments Section 1st.
-' No jeopardy ' Article 53 1. A person who was the subject of a European law enforcement judgment cannot, for the same offence, be prosecuted, sentenced or subjected to enforcement of a sanction in another Contracting State: a) when it has been paid;
((b) when the sanction imposed: i) is fully sustained or is running, or ii) has been the subject of a pardon or an amnesty for all of the sanction or the non-executed part thereof iii) cannot be executed because of the prescription;
(c) when the judge found the culpability of the offender without punishment.
2. However a Contracting State is not obliged, unless it has itself requested the continued to recognize the effect ' no jeopardy "If the fact that gave rise to the judgment was committed against a person, an institution, or a property that has a public character in that State, or if the person who was the subject of the judgment had itself a public character in this State.
3. Furthermore, any Contracting State in which the fact was committed or is considered as such according to the law of that State is not obliged to recognise the effect ' no jeopardy ', unless it has itself requested the continuation.
Article 54 if a new lawsuit is filed against a person tried for the same Act in another Contracting State, any period of deprivation of freedom suffered in execution of the judgment shall be deducted from the penalty which will be eventually pronounced.
Section 55 this section shall not preclude the application of broader national provisions concerning the effect ' no jeopardy ' attached to judicial decisions handed down abroad.
Section 2. -Taking into consideration Article 56 any Contracting State take legislative measures it considers appropriate to enable its courts when a judgment to take into consideration any judgment repressive European contradictory earlier by reason of another offence in view to attach to it all or part of the effects which its law to judgments rendered in its territory. It determines the conditions in which this judgment is taken into consideration.
Article 57 any Contracting State shall take legislative measures as it deems appropriate in order to allow consideration of any contradictory European punitive judgment for the purpose to apply all or part of the disqualifications attached by its law to judgments rendered in its territory. It determines the conditions in which this judgment is taken into consideration.
TITLE IV. -Provisions Article 58 1 finals. This Convention is open for signature by the Member States represented at the Committee of Ministers of the Council of Europe. It shall be ratified or accepted. The instruments of ratification or acceptance shall be deposited with the Secretary general of the Council of Europe.
2. the Convention will enter into force three months after the date of deposit of the third instrument of ratification or acceptance.
3. it shall enter into force in respect of any signatory State which will ratify or accept it later, three months after the date of the deposit of its instrument of ratification or acceptance.
Article 59 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention. The resolution concerning this invitation must receive the unanimous support of the members of the Council who have ratified the Convention.
2. accession shall be effected by depositing with the Secretary general of the Council of Europe of an instrument of accession which shall take effect three months after the date of its deposit.
Section 60 (1). Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, designate any territories to which apply this Convention.
2 any Contracting State may at the time of the deposit of its instrument of ratification, acceptance or accession or at any time thereafter, extend the application of this Convention, by declaration addressed to the Secretary general of the Council of Europe, to any other territory specified in the declaration and that it ensures international relations or for which it is empowered to stipulate.
3. any declaration
made under the preceding paragraph may be withdrawn, in respect of any territory specified in this statement, the conditions laid down by article 66 of the Convention.
Article 61 1. Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it avails of one or several reserves in the Ire of the Convention Annex.
2 any Contracting State may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary general of the Council of Europe which shall become effective on the date of its receipt.
3. the Contracting State which has made a reservation in respect of a provision of this Convention may claim the application of that provision by another State; It may, however, if the reservation is partial or conditional, claim the application of that provision insofar as it accepted it.
Article 62 1. Any Contracting State may at any time, by means of a declaration addressed to the Secretary general of the Council of Europe, indicate the legal provisions to be included in annexes II or III to this Convention.
2. any modification of the national provisions mentioned in annexes II or III shall be notified to the Secretary general of the Council of Europe if it makes incorrect information given by these annexes.
3. the amendments to annexes II or III in accordance with the preceding paragraphs shall take effect for each Contracting State, one month after the date of their notification by the Secretary general of the Council of Europe.
Section 63 (1). Any Contracting State shall, at the time of the deposit of its instrument of ratification, acceptance or accession, provide all useful information concerning the sanctions applicable in that State and the execution thereof for the purposes of this Convention to the Secretary general of the Council of Europe.
2. any subsequent change that makes inaccurate information under the preceding paragraph shall also be communicated to the Secretary general of the Council of Europe.
Article 64 1. This Convention affects neither the rights and obligations arising from the treaties of extradition and international multilateral conventions concerning special matters, nor to the provisions concerning substances which are the subject of this Convention and which are contained in other conventions between Contracting States.
2. the Contracting States may conclude between themselves bilateral or multilateral relating to matters dealt with in this Convention to supplement its provisions or facilitate the application of the principles contained therein.
3. However, if two or more Contracting States have established or come to establish their relations on the basis of uniform legislation or of a special scheme, they shall have the right to regulate their mutual relationships in the field relying exclusively on these systems notwithstanding the provisions of this Convention.
4 the Contracting States which may exclude the application of this Convention in accordance with the provisions of the preceding paragraph of their mutual reports go to this effect a notification to the Secretary-General of the Council of Europe.
Article European 65 the Committee on crime problems of the Council of Europe will follow the implementation of the Convention and facilitate as necessary the friendly settlement of any difficulty to which the execution of the Convention would result.
Article 66 1. This Convention shall remain in force indefinitely.
2. any Contracting State may, in so far it is concerned, denounce this Convention by sending a notification to the Secretary-General of the Council of Europe.
3. the denunciation shall take effect six months after the date of the receipt of the notification by the Secretary General.
Article 67 the Secretary-General of the Council of Europe shall notify the Member States represented at the Committee of Ministers of the Council and any State acceding to this Convention: a) any signature;
b) the deposit of any instrument of ratification, acceptance or accession;
(c) any date of entry into force of this Convention in accordance with article 58;
(d) any declaration received pursuant to paragraph 2 of article 19;
(e) any declaration received pursuant to paragraph 4 of article 44;
(f) any declaration received pursuant to article 60;
(g) any reservation made in accordance with the provisions of paragraph 1 of article 61 or withdrawal of such a reserve.
(h) any declaration received pursuant to paragraph 1 of article 62 and any subsequent notification received in pursuance of paragraph 2 of this article;
(i) any information received pursuant to paragraph 1 of article 63 and any subsequent notification received in pursuance of paragraph 2 of this article;
(j) any notification of bilateral or multilateral agreements concluded pursuant to paragraph 2 of article 64 or concerning uniform legislation introduced in implementation of paragraph 3 of article 64;
(k) any notification received in application of the provisions of article 66 and the date on which the denunciation takes effect.
Article 68 this Convention and declarations and notifications it authorizes apply only to the execution of the decisions made subsequent to its entry into force between the Contracting States concerned.
In witness whereof the undersigned, being duly authorized thereto, have signed the present Convention.
Done at the Hague on 28 May 1970, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe shall certified copies to each of the signatory States and acceding.
Annex Ire each Contracting State may declare that it reserves the right: has) to refuse the execution if he considers that the conviction relates to a fiscal or religious offence;
b) to refuse enforcement of a penalty imposed as a result of which, in accordance with its Statute, would have been the exclusive jurisdiction of an administrative authority;
(c) to refuse enforcement of a European law enforcement judgment by the authorities of the State requesting a date where criminal proceedings for the offence that has been sanctioned, would have been covered by prescription under its own law;
(d) to refuse the execution of default judgments and criminal orders or one of these categories of decisions only;
(e) to refuse the application of the provisions of article 8 in cases where it has original jurisdiction and not to recognize, in these cases, the equivalence of acts in the State requesting and which have an effect interrupting or suspension of prescription;
f) to accept the application of title III only in relation to one of its two sections.
Annex II list of offences other than offences punishable by criminal law criminal offences must be assimilated:-in France: any illegal behaviour sanctioned by a "great highways contravention";
-in the Federal Republic of Germany: any illegal behaviour for which is provided for in the procedure introduced by the law on violations of requirements «Gesetz über Ordnungswidrigkeiten» may 24, 1968 (BGBL 1968, I 481);
-in Italy: any illegal behaviour to which applies Act No. 317 of March 3, 1967.
Annex III list of '' criminal orders '' Austria Strafverfugung (Articles 460-62 of the Code of Criminal Procedure).
Denmark Bodeforelaeg or Udenretlig bodevedtagelse (Article 931 of the administration of justice Act).
France 1. Fine of composition (Articles 524-528 of the Code of Criminal Procedure and articles R42 - R50).
2 criminal order only applied in the departments of lower Rhine, upper Rhine and Moselle.
Federal Republic of Germany 1. Strafbefehl (Articles 407-412 of the Code of Criminal Procedure).
2 Strafverfugung (Article 413 of the Code of Criminal Procedure).
3 Bussgeldbescheid (Articles 65-66 of the law of 24 May 1968 - BGBL 1968 I, 481).
Italy 1. Decreto penale (Articles 506-10 of the Code of Criminal Procedure).
2 Decreto penale in tax matters (law of January 7, 1929, n ° 4).
3 Decreto penale in navigation (Articles 1242-43 of the Code on Navigation).
4. decision under Act No. 317 of March 3, 1967.
Luxembourg 1. Criminal order (Act of 31 July 1924 concerning the Organization of criminal orders).
2. order criminal (Article 16 of the Act of 14 February 1955 regarding the regulation of traffic on all public roads).
Norway 1. Forelegg (Articles 287-290 of the Act on judicial procedure in criminal matters).
2 Forenklet forelegg (Article 31 B du Code road on June 18, 1965).
Sweden 1. Strafforelaggande (Chapter 48 of the Code of Procedure).
2 Forelaggande av ordningsbot (Chapter 48 of the Code of Procedure).
Switzerland 1. Strafbefehl (Aargau, Basel-Landschaft, Basel-Stadt, Schaffhausen, Schwyz, Uri, Zug, Zürich). Order criminal (Fribourg, Valais).
2 Strafantrag (Unterwalden - down).
3 Strafbescheid (St. Gallen).
4 Strafmandat (Bern, Grisons, Solothurn, Unterwalden-le-Haut).
5 Strafverfugung (Appenzell Outer Rhodes, Glarus, Schaffhausen, Thurgau).
6 Abwandlungserkenntnis (Lucerne).
7 Bussenentscheid (Appenzell Inner Rhodes).
8. order of condemnation (Vaud).
9 mandate of repression (Neuchatel).
10 notice of contravention (Geneva, Vaud).
11 pronounced prefectoral (Vaud).
Delivery of contravention (Valais).
13 Decreto di accused (Ticino).
Turkey Ceza Kararnamesi (Articles 386-91 of the Code of Criminal Procedure) and all decisions by which the administrative authorities pronounce sentences.
European Convention on the international validity of criminal judgments, made at the Hague on 28 May 1970 EtatsDate AuthentificationType of consentementDate Consentemententree local force ALBANIE08/06/2000Ratification22/10/200323/01/2004 1970indetermine-05-ALLEMAGNE28 1970Ratification-05-AUTRICHE28 01/04/198001/07/1980 1970Ratification-05-BELGIQUE28 30/06/201001/10/2010 BULGARIE09/10/2003Ratification30/03/200401/07/2004 CHYPRE03/03/1972Ratification25/04/197426/07/1974 DANEMARK28/05/1970Ratification03/03/197126/07/1974 spain30/05/1984Ratification02/09/199403/12/1994 ESTONIE08/06. 2000Ratification25/04/200126/07/2001 GEORGIE08/06/2000Ratification25/03/200226/06/2002 1979indetermine-08-GRECE27 ISLANDE19/09/1989Ratification06/08/199307/11/1993 ITALIE04/02/1971indetermine LETTONIE30/10/2002Ratification29/07/200330/10/2003 LITUANIE10/07/1995Ratification08/04/199809/07/1998 LUXEMBOURG08/04/1976indetermine MOLDAVIE27/06/2001Ratification20/06/200621/09/2006 MONTENEGRO08/03/2010Ratification19/03/201020/06/2010 NORVEGE28/05/1970Ratification19/09/197420/12/1974 country-BAS28/05/1970Ratification30/09/198701/01/1988 PORTUGAL10/05/1979indetermine ROUMANIE20/11/1997Ratification08/06/200009/09/2000
SAINT MARIN11/12/2001Ratification17/04/200218/07/2002 SERBIE26/04/2007Ratification26/04/200727/07/2007 2000indetermine-01-SLOVENIE25 SUEDE28/05/1970Ratification21/06/197326/07/1974 TURQUIE26/06/1974Ratification27/10/197828/01/1979 UKRAINE08/06/2000Ratification11/03/200312/06/2003 Declaration 'in accordance with article 19, paragraph 2, of the Convention, the Belgium reserves the right to require that requests and annexes are accompanied by a translation in french. Dutch, German or English. "Reserve"the Belgium reserves the right to refuse the execution of default judgments and criminal orders. " (Annex Ier, (d)).