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6 AVRIL 2010. - An Act to Accredit the European Convention on the International Value of Repressive Judgments, done at The Hague on 28 May 1970 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The European Convention on the International Value of Repressive Judgments, made at The Hague on 28 May 1970, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 6, 2010.
ALBERT
By the King:
Minister of Foreign Affairs,
S. VANACKERE
Minister of Justice,
S. DE CLERCK
Seen and sealed the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2008-2009 and 2009-2010 session.
Senate.
Documents. - Bill tabled on 1^er April 2009, No. 4-1266/1. - Report, number 4-1266/2. - Report, number 4-1266/3.
Annales parliamentarians. - Discussion and voting. Session of December 10, 2009.
Chamber:
Documents. - Text transmitted by the Senate, No. 52-2319/1. - Text adopted in plenary and subject to Royal Assent, No. 52-2319/2.
Annales parliamentarians. - Discussion and voting. Session of January 28, 2010.

European Convention on the International Value of Repressive Judgments
Preamble
The States members of the Council of Europe, signatories to this Convention,
Considering that the fight against crime whose effects are increasingly manifested beyond the borders of the same country, requires international use of modern and effective means;
Convinced of the need to pursue a common criminal policy for the protection of society;
Recognizing the need to respect human dignity and promote the reclassification of offenders;
Considering that the purpose of the Council of Europe is to achieve a closer union between its members,
The following agreed:
PART I^er. - Definitions
Article 1^er
For the purposes of this Convention, the expression:
(a) "European repressive judgment" means any final decision made by a repressive jurisdiction of a Contracting State following a criminal action;
(b)" offence" includes, in addition to the facts constituting criminal offences, those covered by the legal provisions referred to in Annex II to this Convention provided that, if these provisions give jurisdiction to an administrative authority, the person concerned has the opportunity to bring the case to a jurisdictional body;
(c) "conviction" means a sanction;
(d)" sanction" means any penalty and measure applied to an individual because of an offence and expressly pronounced in a European repressive judgment or in a criminal order;
(e)" due" means any deprivation or suspension of a right, prohibition or incapacity;
(f)" default judgment" means any deemed decision under subsection 2 of section 21;
(g) "criminal order" means any of the decisions rendered in another Contracting State referred to in Annex III to this Convention.
PART II. - Enforcement of European repressive judgements
Section 1^re. - General provisions
a - General conditions of execution
Article 2
This title is applicable:
(a) the deprivation of liberty;
(b) fines or confiscations;
(c) due.
Article 3
1. In the cases and conditions provided for in this Convention each Contracting State has jurisdiction to carry out a penalty pronounced in one of the other Contracting States and which is enforceable therein.
2. This jurisdiction may be exercised only after an application for enforcement by the other Contracting State.
Article 4
1. A penalty may be imposed by another Contracting State only if under the law of that State and in the case of a commission in that State the act for which the sanction was pronounced would constitute an offence and the perpetrator would be punished.
2. If the conviction punishes several offences, some of which do not meet the requirements of paragraph 1^er, the sentencing state indicates the portion of the penalty applicable to the offences that meet these conditions.
Article 5
The State of Conviction may request the execution of a penalty to another Contracting State only if one or more of the following conditions are met:
(a) if the convicted person has his habitual residence in the other State;
(b) if the execution of the sanction in the other State is likely to improve the possibilities of social reclassification of the convicted person;
(c) if it is a custodial sanction that could be carried out in the other State following another custodial sanction that the convicted person suffers or must suffer in that State;
(d) if the other State is the State of origin of the convict and has already declared itself ready to carry out this sanction;
(e) if he considers that he is not in a position to execute the sanction himself, even by resorting to extradition, and that the other State is.
Article 6
Execution required under the conditions set out in the preceding provisions may be refused entirely or partially only in one of the following cases:
(a) if execution would be contrary to the fundamental principles of the legal order of the requested State;
(b) if the requested State considers that the offence punishable by conviction is political in nature or is a purely military offence;
(c) if the requested State considers that there are substantial grounds for believing that the conviction was caused or aggravated by considerations of race, religion, nationality or political opinion;
(d) if execution is contrary to the international commitments of the requested State;
(e) if the act is the subject of prosecution in the requested State or if the requested State decides to initiate proceedings;
(f) if the competent authorities of the requested State have decided not to prosecute or to put an end to the prosecutions they have carried out for the same fact;
(g) if the act was committed outside the territory of the requesting State;
(h) if the requested State is not in a position to enforce the sanction;
(i) if the application is based on paragraph (e) of section 5, and none of the other conditions provided for in that section is met;
(j) if the requested State considers that the requesting State is in a position to enforce the sanction itself;
(k) if, because of his age at the time of the commission of the fact, the convicted person could not be prosecuted in the requested State;
(l) if the sanction is already prescribed according to the law of the requested State;
(m) to the extent that the judgment pronounces a loss.
Article 7
A request for enforcement may not be applied if such execution is inconsistent with the principles recognized by the provisions of Part III of this Convention.
b - Effects of execution transmission
Article 8
For the purposes of paragraph 1^er of Article 6 and of the reservation referred to in c in Appendix I^re of this Convention the acts interrupted or suspensive of prescription validly performed by the authorities of the State of Convict shall be considered in the State required as having produced the same effect for the appraisal of the prescription according to the law of that State.
Article 9
1. The sentenced person detained in the requesting State who has been handed over to the requested State for the purpose of enforcement shall not be prosecuted, tried or detained for the execution of a sentence or security measure, nor subjected to any other restriction of his personal liberty for any act prior to the surrender, other than the person who has reasoned the sentence to be executed, except in the following cases:
(a) where the State that gave it consents to it. An application will be submitted for this purpose, along with any relevant documents and a judicial record of any statement made by the convicted person. This consent will be given when the offence for which it is requested could give rise to extradition under the law of the requesting State execution or where extradition would be excluded only because of the penalty rate;
(b) where he was given the opportunity to do so, he did not leave within 45 days of his final enlargement, the territory of the State to which he was handed over or returned after he left.
2. However, the requested State of enforcement may take the necessary measures with a view to a possible removal of the territory, on the other hand, by an interruption of the limitation 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 State alone is competent to make all appropriate decisions, particularly with regard to parole.
2. The requesting State, alone, has the right to rule on any appeal for review brought against the conviction.
3 Each of the two states may 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 enforce the sanction that is the subject of it. However, the sentencing State may enforce a custodial penalty when the convicted person is already detained in 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 application before the requested State has informed it of its intention to implement it;
(b) if the requested State informs it of its refusal to comply with the request;
(c) if the requested State expressly waives its right of execution. This waiver may take place only if the two interested States consent or if the execution is no longer possible in the requested State. In the latter case, it is mandatory if the requesting State has applied for it.
Article 12
(a) The competent authorities of the requested State must terminate the execution as soon as they are aware of a grace, amnesty, review or any other decision which has the effect of removing its enforceability from the sanction. The same applies to the enforcement of a fine when the convicted person paid it to the competent authority of the requesting State.
(b) The requesting State shall forthwith inform the requested State of any decision or procedural act in its territory which, in accordance with the preceding paragraph, terminate the right of execution.
c - Miscellaneous provisions
Article 13
1. The transit through the territory of a Contracting State of a person who is detained and must be transferred to a third Contracting State under this Convention shall be granted upon request by the State in which that person is detained. The transit State may require communication of any appropriate document before making a decision on the request. The transferred person must remain in custody in the territory of the transit State, unless the State from which it is transferred requests its release.
2. Except in cases where the transfer is required by Article 34, any Contracting State may refuse to grant the transit:
(a) for one of the reasons set out in paragraphs (b) and (c) of Article 6;
(b) if the person in question is one of his or her nationals.
3. In the event that the airway is used, the following provisions apply:
(a) where no landing is scheduled, the State from which the person must be transferred may notify the State whose territory will be overflew that the person in question is transferred under this Convention. In the case of a fortuitous landing, this notification produces the effects of the request for provisional arrest referred to in paragraph 2 of Article 32, and a regular transit request must be made;
(b) where a landing is scheduled, a regular transit request must be made.
Article 14
The Contracting States shall waive their claim for reimbursement of costs arising from the application of this Convention.
Section 2. - Enforcement requests
Article 15
1. Requests under this Convention shall be made in writing. They are addressed as well as all necessary communications 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, or, under an agreement between the Contracting States concerned, directly by the authorities of the requesting State to those of the requested State and referred by the same way.
2. In the event of an emergency, 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, state that it intends to waive the transmission rules set out in paragraph 1^er of this article.
Article 16
The application shall be accompanied by the original or certified copy of the requested decision and all relevant documents. The original or certified copy of all or part of the criminal record will be transmitted to the requested State upon request. The enforceability of the sanction is certified by the competent authority of the requesting State.
Article 17
If the requested State considers that the information provided by the requesting State is insufficient to enable it to apply this Convention, it requests the necessary additional information. It may set a time limit for obtaining this information.
Article 18
1. The authorities of the requested State shall promptly inform those of the requesting State of the action given at the request for enforcement.
2. Where applicable, the authorities of the requested State shall give to those of the requesting State a document certifying that the sanction has been executed.
Article 19
1. Subject to the provisions of paragraph 2 of this article, translation of applications and attachments shall not be required.
2. Any Contracting State may, at the time of signature or 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 request that the applications and attachments be sent to it with either a translation in its own language or a translation into any of the official languages of the Council of Europe or in that of those languages that it shall indicate. Other States may apply the rule of reciprocity.
3. This article shall not affect the provisions relating to the translation of applications and attachments contained in existing agreements or arrangements or to intervene between two or more Contracting States.
Rule 20
The documents and documents transmitted under this Convention shall be exempted from any legalization process.
Section 3. - Default judgments and criminal orders
Article 21
1. Subject to the contrary provisions of this Convention, the performance of default judgments and criminal orders shall be subject to the same rules as that of other judgments.
2. Subject to paragraph 3 shall be deemed to be a default judgment within the meaning of this Convention any decision rendered by a repressive court of a Contracting State following a criminal action while the convicted person has not appeared in person at the hearing.
3. Without prejudice to section 25, paragraph 2, section 26 and section 29, is deemed contradictory:
(a) any judgement by default and any criminal order, confirmed or pronounced following the opposition of the convict in the sentencing state;
(b) any default judgment made on appeal provided that the appeal against the trial judgment was lodged by the convicted person.
Article 22
The default judgment and criminal order that has not already been objected to by an opposition or other appeal may be sent to the requested State as soon as they are pronounced, for notification and possible enforcement.
Article 23
1. If the requested State considers that it is necessary to comply with the request for the execution of a default judgment or a criminal order, it shall notify the convicted person of the decision rendered in the requesting State.
2. In the notice sent to the convicted person, notice is given to him:
(a) a request for enforcement has been submitted in accordance with this Convention;
(b) that the only open remedy is the opposition provided for in Article 24;
(c) that the declaration of opposition shall be made to the authority designated to it and that the declaration is submitted for its admissibility under the conditions required by article 24 and that it may request to be tried by the authorities of the State of Convict;
(d) that in the absence of an opposition within the relevant time limit, the decision shall be deemed contradictory for the full application of this Convention.
3. Copy of the notice is sent without delay to the authority that requested the execution.
Article 24
1. As soon as the decision has been notified in accordance with Article 23, the only recourse open to the convicted person is the opposition. This opposition shall be subject to the choice of the convicted person, either to the competent jurisdiction of the requesting State or to that of the requested State. If the convicted person expresses no choice, the opposition shall be subject to the competent jurisdiction of the requested State.
2. In both cases referred to in the preceding paragraph, the opposition shall be admissible if it is made by declaration addressed to the competent authority of the requested State within 30 days from the day of the notification. The deadline is calculated in accordance with the relevant rules of the law of the requested State. The competent authority of that State shall promptly notify the authority that has made the application for enforcement.
Rule 25
1. If the opposition is tried in the requesting State, the convicted person shall be summoned to appear in that State at the hearing for further consideration of the case. This citation will be notified to him in person at least 21 days before this new examination. This period may be shortened with the convict's agreement. The new examination takes place before the competent judge of the requesting State and according to 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 shall declare the non-agreement opposition and its decision shall be communicated to the competent authority of the requested State. The same is true when the judge declares the opposition not admissible. In both cases the default judgment or criminal order is deemed to be contradictory for the entire application of this Convention.
3. If the convicted person appears in person or is represented in accordance with the law of the requesting State and if the opposition is admissible, the application for enforcement is deemed to be non-agreement.
Rule 26
1. If the opposition is tried in the requested State, the convict shall be summoned to appear in that State at the hearing for further consideration of the case. This citation will be notified to him in person at least 21 days before this new examination. This period may be shortened with the convict's agreement. The new examination takes place before the competent judge of the requested State and according to 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 declares the non-agreement opposition. In this case and where the judge declares the non-receivable opposition, the default judgment or criminal order is deemed contradictory for the full application of this Convention.
3. If the convicted person appears in person or is represented in accordance with the law of the requested State, and if the opposition is admissible, the act is judged as the same act committed in that State. However, it cannot be considered if the prescription of criminal action is acquired. The judgment rendered in the requesting State is considered unavenue.
4. Any act for prosecution or investigation, carried out in the state of condemnation in accordance with the laws and regulations in force, has the same value in the requested State as if it had been carried out by the authorities of that State, without the effect of such assimilation to give this act a probative force superior to that which it has in the requesting State.
Rule 27
For the introduction of the opposition and the following procedure, the convict by default or by a criminal order is entitled to the assignment of a defenceman in the cases and conditions provided for by the law of the requested State and, where applicable, the requesting State.
Rule 28
The judicial decisions rendered under paragraph 3 of Article 26 and their execution shall be governed only by the law of the requested State.
Rule 29
If the convicted person by default or by a criminal order does not object, the decision shall be deemed contradictory for the full application of this Convention.
Rule 30
The provisions of national legislation relating to restitution in full are applicable where, for reasons beyond its control, the convict failed to observe the time limits referred to in articles 24, 25 and 26 or to appear at the hearing for further consideration of the case.
Section 4. - Interim measures
Rule 31
If the person tried is present in the requesting State after the notification of acceptance of the application of that State for the execution of a judgment involving deprivation of liberty has been received, that State may, if it considers it necessary to ensure enforcement, arrest that person for the purpose of transferring it in accordance with the provisions of Article 43.
Rule 32
1. When the requesting State has requested enforcement, the requested State may proceed with the arrest of the convicted person:
(a) if the law of the requested State authorizes pre-trial detention because of the offence, and
(b) if there is a danger of leaking or, in the case of a default conviction, a danger of obscurring evidence.
2. When the requesting State announces its intention to request enforcement, the requested State may, upon request of the requesting State, make the arrest of the convicted person provided that the conditions referred to in a and b of the preceding paragraph are met. This application must mention the offence that resulted in the conviction, the time and place in which it was committed, as well as the accurate reporting of the convicted person as possible. It should also include a summary of the facts on which the conviction is based.
Rule 33
1. Detention is governed by the law of the requested State and it also determines the conditions under which the arrested person may be released.
2. The detention is terminated in any case:
(a) the duration of the penalty shall be the custodial penalty imposed;
(b) if the arrest has been made pursuant to article 32, paragraph 2, and if the requested State has not received within 18 days from the date of the arrest the application with the documents referred to in article 16.
Rule 34
1. The person detained in the requested State under section 32 and summoned to appear at the hearing of the competent court in the requesting State in accordance with article 25, following the opposition it made, shall be transferred to that end to the territory of that State.
2. The detention of the transferred person shall not be 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 execution of the new sentence. The transferred person shall be returned as soon as possible to the requested State, unless released.
Rule 35
1. A person referred to in a competent court of the requesting State following the opposition that he or she has made shall not be prosecuted, tried or detained for the execution of a penalty or security measure or subject to any other restriction of his or her personal liberty for any act prior to his or her departure from the territory of the requested State and not subject to the summons, unless that person expressly consents to it in writing. In the case provided for in paragraph 1^er a copy of the declaration of consent shall be transmitted to the State from which the person was transferred.
2. The effects set out in the preceding paragraph cease when the person cited, having the opportunity to do so, did not leave the territory of the requesting State within 15 days after the date of the decision that followed the hearing to which it appeared or if it returned without being quoted again after leaving it.
Rule 36
1. When the requesting State has requested the execution of a confiscation, the requested State may proceed with the preliminary seizure if its law provides for the seizure of similar facts.
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. - Enforcement of sanctions
a - General clauses
Rule 37
The execution of a sanction imposed in the requesting State may only take place in the requested State under a decision of the judge of that State. Any Contracting State may, however, charge other authorities to make such decisions if it is only the execution of a fine or confiscation and if a judicial remedy is provided against such decisions.
Rule 38
The case shall be brought before the judge or authority designated under section 37 if the requested State considers that the application for enforcement must be followed.
Rule 39
1. Before making a decision on the application for enforcement, the judge gives the convicted person the opportunity to make his or her point of view. If the convict requests it, he is heard either by rogatory commission or in person before the judge. In-person hearing is ordered upon express request from the convicted person.
2. However, the judge may, if the convict who has asked to appear in person is detained in the requesting State, decide, in his absence, on the acceptance of the application for enforcement. In this case, the decision concerning the substitution of the sanction referred to in article 44 shall be adjourned until the convict, following his transfer to the requested State, has the opportunity to appear before the judge.
Rule 40
1. The judge seized of the case or in the cases provided for in section 37, the authority designated under the same section shall ensure:
(a) that the penalty for enforcement has been imposed by a European repressive judgement;
(b) that the conditions set out in section 4 are met;
(c) that the condition under paragraph (a) of section 6 is not fulfilled or that it is not opposed to enforcement;
(d) that the execution does not collide with section 7;
(e) that in the case of a default conviction or a criminal order, the conditions referred to in section 3 of this title are met.
2. Any Contracting State shall be free to charge the judge or authority designated under Article 37 of the examination of other conditions of performance under this Convention.
Rule 41
A remedy must be provided against judicial decisions taken under this section for the purpose of the enforcement requested or those made on appeal against a decision of the administrative authority designated under section 37:
Rule 42
The requested State is bound by the observation of the facts to the extent that they are exposed to the decision or to the extent that it is implicitly based on them.
b - Special clauses for the enforcement of custodial sanctions
Rule 43
If the convicted person is detained in the requesting State, he must, unless otherwise provided in the law of that State, be transferred to the requested State as soon as the requesting State has been informed of the acceptance of the application for enforcement.
Rule 44
1. When the application for enforcement is received, the judge substitutes for the penalty of deprivation of liberty imposed in the requesting State a sanction provided for by its own law for the same act. This penalty may, within the limits set out in paragraph 2, be of another nature or duration than that imposed in the requesting State. If the latter penalty is less than the minimum that the law of the requested State permits to pronounce, the judge is not bound by this minimum and applies a penalty corresponding to the sanction imposed in the requesting State.
2. In establishing the sanction, the judge may not aggravate the criminal situation of the convicted person resulting from the decision rendered in the requesting State.
3. Any part of the sanction imposed in the requesting State and any period of pretrial detention, suffered by the convicted person after the conviction, shall be charged in full. The same is true of the pre-trial detention suffered by the convicted person in the requesting State before his conviction, provided that this obligation arises from the law of that State.
4. Any Contracting State may, at any time, file with the Secretary-General of the Council of Europe a declaration under this Convention that confers on him or her the right to enforce a custodial penalty of the same nature as that imposed in the requesting State, even if the duration of the penalty exceeds the maximum prescribed by its national law for a sanction of that nature. However, this rule can only be applied in cases where the national law of that State allows for the same act to impose a penalty that has at least the same duration as that imposed in the requesting State, but which is more severe in nature. The penalty applied in accordance with this paragraph may, if its duration and purpose so require, be executed in a penitentiary institution for the enforcement of sanctions of another nature.
c - Special clauses for the execution of fines or confiscations
Rule 45
1. Where the application for the execution of a fine or forfeiture of a sum of money is received, the judge or authority designated under section 37 shall convert the amount to the monetary units of the requested State, applying the exchange rate in force at the time the decision is made. It thus determines the amount of the fine or sum to be confiscated without being able, however, to exceed the maximum prescribed by the law of that State for the same fact, or in the absence of a legal maximum, the maximum amount usually given in that State for such a fact.
2. However, the judge or authority designated under Article 37 is free to maintain the amount pronounced in the requesting State the conviction of fine or forfeiture when this sanction is not provided for in the law of the State required for the same fact, but allows for more serious sanctions. The same is true when the sanction imposed by the requesting State exceeds the rate prescribed by the law of the State required for the same fact, but it allows for more serious sanctions.
3. Any payment facilities that relate, either to the deadline or to the timing of payments, granted by the requesting State will be respected by the requested State.
Rule 46
1. Where the application for enforcement is forfeiture of a specified object, the judge or authority designated under section 37 may order the confiscation of that object only in the event that it is authorized by the law of the State required for the same act.
2. However, the judge or authority designated under Article 37 is free to maintain the confiscation pronounced in the requesting State when this sanction is not provided for in the law of the State required for the same fact, but it allows for more serious sanctions.
Rule 47
1. The proceeds of fines and forfeiture are the treasure of the requested State, without prejudice to the rights of third parties.
2. confiscated objects that represent a particular interest may be handed over to the requesting State at its request.
Rule 48
Where the execution of a fine is impossible, a penalty of deprivation of liberty may be applied by a judge of the requested State if the law of the two States provides in such cases, unless the requesting State has expressly limited its application to the enforcement of the only fine. If the judge decides to impose a custodial substitute penalty, the following rules apply:
(a) When the conversion of the fine into a custodial penalty is already prescribed in the sentence rendered in the requesting State or directly in the law of that State, the judge of the requested State shall set the gender and duration of it according to the rules laid down in its law. If the penalty of deprivation of liberty already prescribed in the requesting State is less than the minimum that the law of the requested State permits to pronounce, the judge is not bound by this minimum and applies a penalty corresponding to the sanction prescribed in the requesting State. In establishing the sanction, the judge may not aggravate the criminal situation of the convicted person resulting from the decision rendered in the requesting State.
(b) In other cases, the judge of the requested State shall make the conversion according to its own law, respecting the limits provided by the law of the requesting State.
d - Clauses specific to the execution of due dates
Rule 49
1. When a request for the execution of a termination is made, it may only be given effect to the disqualification imposed in the requesting State if the law of the requested State allows for the termination of such an offence.
2. The judge seized the case appreciates the opportunity to execute the demise on the territory of his country.
Rule 50
1. If the judge orders the execution of the termination, he shall determine the duration of the termination within the limits prescribed by his own legislation without being able to exceed those determined by the repressive judgment rendered in the requesting State.
2. The judge may limit the deprivation of a portion of the rights whose deprivation or suspension is pronounced.
Rule 51
Section 11 is not applicable to due dates.
Rule 52
The requested State has the right to restore the convicted person in the rights to which he has been deprived by a decision made pursuant to this section.
PART III. - International effects of European repressive judgments
Section 1^re. - "Ne bis in idem"
Rule 53
1. A person who has been subjected to a European repressive judgment may not, for the same reason, be prosecuted, sentenced or subjected to the execution of a sanction in another Contracting State:
(a) when it was paid;
(b) where the penalty imposed:
(i) has been fully suffered or is being executed, or
(ii) has been the subject of a grace or amnesty relating to the totality of the penalty or the unexecuted part of it, or
(iii) may no longer be executed because of the prescription;
(c) where the judge found the guilt of the offender without assent.
2. However, a Contracting State is not obliged, unless it has itself requested the prosecution to recognize the effect "ne bis in idem" if the fact that gave rise to the judgment was committed against a person, institution, or property, that has a public character in that State, or if the person who was the subject of the judgment itself had a public character in that State.
3. In addition, any Contracting State in which the act has been committed or is considered to be such under the law of that State is not obliged to recognize the effect "ne bis in idem", unless it itself has requested prosecution.
Rule 54
If a new prosecution is brought against a person tried for the same fact in another Contracting State, any period of deprivation of liberty incurred in the execution of the judgement shall be deducted from the penalty that may be imposed.
Rule 55
This section does not preclude the application of the broader national provisions on the "ne bis in idem" effect attached to court decisions pronounced abroad.
Section 2. - Consideration
Rule 56
Any Contracting State shall take such legislative measures as it considers appropriate in order to allow its courts, at the time of a judgment, to take into account any contradictory European repressive judgement rendered earlier by reason of another offence, with a view to attaching to it all or part of the effects that its law provides for the judgments rendered on its territory. It determines the conditions under which this judgment is taken into account.
Rule 57
Any Contracting State shall take such legislative measures as it considers appropriate in order to allow for consideration of any contradictory European repressive judgement for the purpose of making applicable all or part of the decays attached by its law to the judgments rendered on its territory. It determines the conditions under which this judgment is taken into account.
PART IV. - Final provisions
Rule 58
1. This Convention is open for signature by the Member States represented in the Committee of Ministers of the Council of Europe. It will be ratified or accepted. Instruments of ratification or acceptance shall be deposited with the Secretary-General of the Council of Europe.
2. The Convention shall enter into force three months after the date of deposit of the third instrument of ratification or acceptance.
3. It will enter into force with respect to any signatory State that will ratify or accept it at a later date, three months after the date of deposit of its instrument of ratification or acceptance.
Rule 59
1. Following the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council to accede to this Convention. The resolution concerning this invitation should receive the unanimous agreement of the members of the Council having ratified the Convention.
2. The accession shall be effected by the deposit, close to 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.
Rule 60
1. Any Contracting State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, designate the territory or territories to which this Convention shall apply.
2. Any Contracting State may, at the time of deposit of its instrument of ratification, acceptance or accession or at any other time thereafter, extend the application of this Convention by declaration addressed to the Secretary-General of the Council of Europe, to any other territory designated in the declaration and to which it shall ensure international relations or for which it is authorized to provide.
3. Any declaration made under the preceding paragraph may be withdrawn, with respect to any territory designated in that declaration, subject to the conditions laid down in article 66 of this Convention.
Rule 61
1. Any Contracting State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, declare to make use of one or more reservations set out in Annex I^re of this Convention.
2. Any Contracting State may withdraw, in whole or in part, a reservation made by it under the preceding paragraph, by means of a declaration addressed to the Secretary-General of the Council of Europe and which shall take effect on the date of its receipt.
3. The Contracting State which has made a reservation with respect to a provision of this Convention shall not claim the application of this provision by another State; However, it may, if the reservation is partial or conditional, claim the application of this provision to the extent that it has accepted it.
Rule 62
1. Any Contracting State may, at any time, state by means of a declaration addressed to the Secretary-General of the Council of Europe the legal provisions to be included in Annexes II or III to this Convention.
2. Any modification of the national provisions referred to in Annexes II or III shall be notified to the Secretary-General of the Council of Europe if it makes inaccurate the information provided by these annexes.
3. Amendments to Annexes II or III pursuant to 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.
Rule 63
1. Any Contracting State shall, at the time of deposit of its instrument of ratification, acceptance or accession, provide to the Secretary-General of the Council of Europe any relevant information concerning the sanctions applicable in that State and the execution of those sanctions for the purposes of this Convention.
2. Any subsequent amendment that makes inaccurate the information provided under the preceding paragraph must also be communicated to the Secretary General of the Council of Europe.
Rule 64
1. This Convention shall not affect the rights and obligations arising from extradition treaties and multilateral international conventions relating to special substances, or the provisions concerning substances that are the subject of this Convention and which are contained in other conventions existing between Contracting States.
2. The Contracting States shall not enter into bilateral or multilateral agreements between them relating to the matters regulated by this Convention except to supplement or facilitate the application of the principles contained therein.
3. However, if two or more Contracting States have established or have come to establish their relations on the basis of uniform legislation or a particular regime, they shall have the power to settle their mutual relations in this regard, based exclusively on these systems, notwithstanding the provisions of this Convention.
4. The Contracting States that would come to exclude from their mutual relations the application of this Convention in accordance with the provisions of the preceding paragraph will notify the Secretary-General of the Council of Europe for this purpose.
Rule 65
The European Committee for Criminal Problems of the Council of Europe will follow the implementation of this Convention and will facilitate as much as necessary the friendly settlement of any difficulties to which the implementation of the Convention would take place.
Rule 66
1. This Convention shall remain in force without limitation of time.
2. Any Contracting State may denounce this Convention with a notification to the Secretary-General of the Council of Europe.
3. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
Rule 67
The Secretary General of the Council of Europe shall notify the Member States represented in the Committee of Ministers of the Council and any State which has acceded to this Convention:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance or accession;
(c) any effective date of this Convention in accordance with Article 58;
(d) any declaration received pursuant to paragraph 2 of Article 19;
(e) any statement received under section 44, paragraph 4;
(f) any declaration received under section 60;
(g) any reservation made pursuant to paragraph 1 of Article 61 or withdrawal of such a reservation;
(h) any statement received under paragraph 1^er article 62 and any subsequent notification received under paragraph 2 of that article;
(i) any information received under paragraph 1^er of Article 63 and any subsequent notification received under paragraph 2 of that Article;
(j) any notification of bilateral or multilateral agreements concluded pursuant to paragraph 2 of Article 64 or relating to uniform legislation introduced pursuant to paragraph 3 of Article 64;
(k) any notification received under the provisions of Article 66 and the date on which the denunciation takes effect.
Rule 68
This Convention and the declarations and notifications it authorizes shall apply only to the execution of decisions made after its entry into force between the Contracting States concerned.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done at The Hague on 28 May 1970, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatories and members.

Annex I^re
Each Contracting State may declare that it reserves the right:
(a) refuse enforcement if it considers that the conviction is a tax or religious offence;
(b) denying the execution of a sanction imposed by reason of a fact that, in accordance with its law, would have been the exclusive jurisdiction of an administrative authority;
(c) to refuse the execution of a European repressive judgment rendered by the authorities of the requesting State at a time when the criminal action for the offence that was sanctioned therein would have been covered by the statute of limitations in its own law;
(d) to refuse the enforcement of default judgments and criminal orders or only one of these categories of decisions;
(e) to refuse the application of the provisions of Article 8 in cases where it has an original jurisdiction and to recognize in such cases only the equivalence of the acts performed in the requesting State and which have an interim or suspensive effect of limitation;
f) accept the application of title III only with respect to one of its two sections.

Annex II
List of offences other than criminal offences
Crimes punishable by criminal law must be assimilated:
- in France: any unlawful behaviour sanctioned by a "broadway ticket";
- in the Federal Republic of Germany: any unlawful conduct for which the procedure established by the Law on Violations of Orders "Gesetz über Ordnungswidrigkeiten" of 24 May 1968 (BGBL 1968, I 481) is provided;
- in Italy: any unlawful conduct to which Act No. 317 of 3 March 1967 applies.

Annex III
List of "criminal orders"
Austria
Strafverfügung (Articles 460-62 of the Code of Criminal Procedure).
Denmark
Bodeforelaeg or Udenretlig bodevedtagelse (Article 931 of the Administration of Justice Act).
France
1. Amendment of composition (Articles 524-528 of the Code of Criminal Procedure and Articles R42-R50).
2. Criminal order applied only in the departments of Bas-Rhin, Haut-Rhin and Moselle.
Federal Republic of Germany
1. Strafbefehl (Articles 407-412 of the Code of Criminal Procedure).
2. Strafverfügung (Article 413 of the Code of Criminal Procedure).
3. Bussgeldbescheid (Articles 65-66 of the Act of 24 May 1968 - BGBL 1968 I, 481).
Italy
1. Decreto penale (Articles 506-10 of the Code of Criminal Procedure).
2. Decreto penale en matière fiscale (Law of January 7, 1929, No. 4).
3. Decreto penale en matière de navigation (Articles 1242-43 of the Code on Navigation).
4. Decision rendered under Act No. 317 of 3 March 1967.
Luxembourg
1. Criminal order (Act of 31 July 1924 concerning the organization of criminal orders).
2. Criminal order (Article 16 of the Law of 14 February 1955 concerning the regulation of traffic on all public channels).
Norway
1. Forelegg (Articles 287-290 of the Criminal Procedure Act).
2. Forenklet forelegg (Article 31B of the Road Code of 18 June 1965).
Sweden
1. Strafföreläggande (Chapter 48 of the Code of Procedure).
2. Föreläggande av ordningsbot (Chapter 48 of the Code of Procedure).
Switzerland
1. Strafbefehl (Argovia, Basel City, Basel City, Schaffhausen, Schwyz, Uri, Zug, Zurich). Criminal order (Fribourg, Valais).
2. Strafantrag (Unterwalden-le Bas).
3. Strafbescheid (Saint-Gall).
4. Strafmandat (Berne, Grisons, Soleure, Unterwalden-le-Haut).
5. Strafverfügung (Appenzell Rhodes Exterior, Glaris, Schaffhausen, Thurgovie).
6. Abwandlungserkenntnis (Lucerne).
7. Bussenentscheid (Appenzell Inner Rhodes).
8. Conviction order (Vaud).
9. Mandate for repression (Neuchâtel).
10. Notice of contravention (Geneva, Vaud).
11. Prefectural procedure (Vaud).
12. Contravention proceedings (Valais).
13. Decreto di accusa (Tessin).
Turkey
Ceza Kararnamesi (Articles 386-91 of the Code of Criminal Procedure) and all decisions by which administrative authorities impose penalties.

European Convention on the International Value of Repressive Judgments, made at The Hague on 28 May 1970


Declaration
"In accordance with Article 19, paragraph 2, of the Convention, Belgium reserves the right to require that applications and attachments be accompanied by a translation in French, Dutch, German or English. »

Reserve
"Belgium reserves the right to refuse the execution of default judgments and criminal orders." (Annex I^er, (d ) .