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For The Council Of Europe Convention On The Transfer Of Proceedings In Criminal Matters

Original Language Title: Par Eiropas padomes konvenciju par tiesvedības nodošanu krimināllietās

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The Saeima has adopted and the President promulgated the following laws: On the Council of Europe Convention on the transfer of proceedings in criminal matters article 1. 15 May 1972 Council of Europe Convention No 73 on the transfer of proceedings in criminal matters (hereinafter the Convention) and its annex I, II, III (hereinafter the annex) by this law are accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention and its annexes, in English and their translation into Latvian language. 3. article. In accordance with article 13 of the Convention (3) to provide that the request for the transfer of proceedings in criminal matters in the Republic of Latvia receives and sends the following State institutions: 1) the Ministry of Internal Affairs, during the pre-trial investigation stage to the initiation of a prosecution;
2) — the Prosecutor the pre-trial investigation stage until things to send to court;
3) Ministry of justice — the hearing stage. 4. article. In accordance with article 18 of the Convention paragraph 2 to establish that the request addressed to the Republic of Latvia and the attached documents are to be sent along with the English translation. 5. article. In accordance with annex II to the Convention, provide that the term "citizen" in the sense of the Convention refers to the Republic of Latvia citizens and non-citizens, which is the law "on the status of former USSR citizens who are not Latvian or other nationality". 6. article. The Convention and its annexes shall enter into force article 38 of the Convention within the time and manner, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Parliament adopted the law of 24 March 1997. The President g. Ulmanis in Riga, 1997 April 9 EUROPEAN CONVENTION ON the TRANSFER OF proceedings IN CRIMINAL MATTERS in the member States of the Council of Europe, signatory of the heret, Considering that the aim of the Council of Europe is the achievement of greater unity between its members; (Menu rngton Line4) to supplement the work which they have already accomplished in the field of criminal law with a view to arriving at more just and efficient sanctions; Considering it useful to this end to ensur, in a spirit of mutual confidence, the organisation of criminal proceedings on the international level, in particular, by «avoiding the disadvantages resulting from conflicts of competence, have agreed as follows: part I — Definition article 1 For the purpose of this Convention: a) "offenc" deals with the compris acts under the criminal law and deal with those under the legal provision listed in Appendix III to this Convention on condition that where an administrative authority is competent to deal with the offenc it must be possible for the person concerned to have the case tried by a court; (b)) "sanctions" means any punishment or other measure incurred or pronounced in respect of an offenc or in respect of a violation of the legal provision listed in Appendix III. Part II-competence article 2 1. For the purpose of applying this Convention, any Contracting State shall have competence under its own the prosecut of criminal law to which the offenc any law of another Contracting State is applicable. 2. The competence conferred on a Contracting State exclusively by virtue of paragraph 1 of this article may be exercised only to a request for pursuan proceedings presented by another Contracting State. Article 3 Any Contracting State having competence under its own law to the prosecut an offenc may, for the purpose of applying this Convention, waiv or desis from proceedings against a suspected person who is being or will be prosecuted for the same offenc by another Contracting State. Having regard to article 21, paragraph 2, any such decision or the desis waiv it from proceedings shall be provisional pending a final decision in the other Contracting State. Article 4 the State shall requested the proceedings exclusively grounded on discontinu article 2 when their it knowledge the right of punishment is extinguished under the law of the requesting State for a reason other than time-limitations, to which articles 10 c, 11 f and g, 22, 23 and 26 in particular apply. Article 5 the provision of part III of this Convention do not limit the competence given to (a) the requested State by its municipal law in regards to prosecution. Part III-Transfer of proceedings Section 1-request for proceedings article 6 1 When a person is suspected of. having committed an offenc is under the law of a Contracting State, that State may request another Contracting State to take proceedings in the cases and under the conditions provided for in this Convention. 2. If under the provision of this Convention a Contracting State may request another Contracting State to take proceedings, the competent authorities to be of the first State shall take that possibility into the considerations. Article 7 1. Proceedings may not be taken in the requested State unless the offenc in respect of which the proceedings are requested would be an offenc if committed in its territory and when, under these circumstanc, the offender would be liabl to sanction under its own law also. 2. If the person (a) was committed by offenc of public status or against a person, an institution or any thing of public status in the requesting State, it shall be considered in the requested State as having been committed by a person of public status or against such a person, an institution or any thing òàæó, in the latter State that it was actually against which it committed. Article 8 1 A Contracting State may request another Contracting State to take proceedings in any one or more of the following cases: (a) if the person is suspected) ordinarily resident in the requested State; (b) if the suspected person) is a national of the requested State or if that State is his State of origin; (c) if the person is suspected) undergoing or is it a line involving deprivation of underg of liberty in the requested State; d) if proceedings for the same or others being taken with the offenc against the suspected person in the requested State; e) if it consider that transfer of the proceedings is warranted in the interests of arriving at the truth and in particular that the most important items of evidence are located in the requested State; (f)) consider that if it the enforcement in the requested State of a line if one were passed is likely to improve the prospects for the social rehabilitation of the person sentenced; (g)) if it consider that the presence of the suspected person cannot be ensured at the hearing of proceedings in the requesting State and that his presence in person at the hearing of proceedings in the requested State can be ensured; h) if it consider that it could not itself enforce a line if one were passed, the event by having their extradition, recourses and that the requested State could do so; 2. Where the suspected person has been finally sentenced in a Contracting State, that State may request the transfer of proceedings in one or more of the cases referred to in paragraph 1 of this article only if it cannot itself enforce the line, even by having their extradition, and recourses if the other Contracting State does not accept enforcement of a foreign judgment as a matter of principle or to enforce such line of refus. Article 9 1. The competent authorities in the requested State shall the examin the request for proceedings made in pursuanc of the preceding articles. They shall decide, in accordanc with their own law, what action to take thereon. 2. Where the law of the requested State provides for the punishment of the offenc by an administrative authority, that State shall, as soon as possible, so inform the requesting State unless the requested State has made a declaration under paragraph 3 of this article. 3. Any Contracting State may at the time of signature or when depositing its instrument, of ratification, acceptance or accession, or at any later date, by declaration addressed indicates to the Secretary General of the Council of Europe, the conditions under which it is domestic law permit the punishment of certain offenc by an administrative authority. Such a declaration shall replace the notification envisaged in paragraph 2 of this article. Article 10 the requested State shall not take action on the request: a) if the request does not comply with the provision of Article 6, paragraph 1, and 7, paragraph 1; (b)) if the institution of proceedings is contrary to the provision of article 35; (c) if, at the data) on the request, the time-limit for criminal proceedings has already expired in the requesting State under the legislation of that State. Article 11 save as provided for in article 10 the requested State may note the acceptance of the refus request in whole or in part, except in any one or more of the following cases: (a)) consider that if it the grounds on which the request is based under article 8 are not justified; (b) if the suspected person) is not ordinarily resident in the requested State; (c) if the suspected person) is not a national of the requested State and was not ordinarily resident in the territory of that State at the time of the offenc; (d)) consider that if it the offenc for which proceedings are requested is of a political nature offenc United or a purely military or fiscal one; e) if it consider that there are substantial grounds for believing that the request for proceedings was motivated by considerations of race, religion, nationality or political opinion; (f) if its own law) is already applicable to the offenc and if at the time of the receipt of the request proceedings were precluded by lapse of time according to that law; Article 26, paragraph 2, shall not apply in such a case; (g)) if it is grounded in competence exclusively on article 2 and if at the time of the receipt of the request proceedings would be precluded by lapse of time according to its law, the prolongation of the time-limit by six months under the terms of article 23 being taken into considerations; h) if the offenc was committed outside the territory of the requesting State; I) if proceedings would be contrary to the international undertaking of the requested State; j) if proceedings would be contrary to the fundamental principles of the legal system of the requested State; k) if the requesting State has violated a rule of procedure put down in this Convention. Article 12 1. The requested State shall withdraw its acceptance of the request if, subsequent to this acceptance, a ground mentioned in article 10 of this Convention for not taking action on the request become apparen to of. 2. The requested State may withdraw its acceptance of the request: (a)) if it's apparen to become that of the presence in person of the suspected person cannot be ensured at the hearing of the proceedings in that State or that any line, which might be passed, could not be enforced in that State; b) if one of the grounds for refusal mentioned in article 11 become apparen to the before the case is brough before a court; or (c)) in other cases, if the requesting State agree. Section 2-Transfer procedure article 13 1. All requests specified in this Convention shall be made in writing. They, and all communications not cessary for the application of this Convention, shall be sent either by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State or, by virtue of special mutual, through direct by the authorities of the requesting State to those of the requested State; They shall be returned by the same channel. 2. In urgent cases, requests may be sent and communications through the International Criminal Police Organisation (Interpol). 3. Any Contracting State may, by declaration addressed to the Secretary General of the Council of Europe, give notice of its intention to adop in so far as it itself is concerned rules of transmission other than those put down in paragraph 1 of this article. Article 14 If a Contracting State consider that the information supplied by another Contracting State is not adequat to enable it to apply this Convention, it shall ask for the additional information cessary. It may a prescrib date for the receipt of such information. Article 15 1. (A) the request shall be accompanied by proceedings for the original, or a certified copy of the criminal file and all others not cessary documents. However, if the suspected person is remanded in custody in accordanc with the provision of Section 5 and if the requesting State is unable to transmit these documents at the same time as the request for proceedings, the documents may be sent subsequently. 2. The requesting State shall also inform the requested State in writing of any procedural acts performed or measure taken in the requesting State of the after the transmission of the request which have a bearing on the proceedings. This communication shall be accompanied by any relevant documents. Article 16 1. The requested State shall promptly communicate its decision on the request for the proceedings to the requesting State. 2. The requested State shall notify the requesting State are also of a waiver of proceedings or of the decision taken as a result of the proceedings. (A) a certified copy of any written decision shall be transmitted to the requesting State. Article 17 If the competence of the requested State is exclusively grounded on article 2 that State shall inform the person suspected of the request for proceedings with a view to allowing him to present his views on the matter before that State has taken a decision on the request. Article 18 1. Subject to paragraph 2 of this article, no translation of the documents relating to the application of this Convention shall be required. 2. Any Contracting State may, at the time of signature or when depositing 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, with the exception of the copy of the written decision referred to in article 16, paragraph 2, of the said documents be accompanied by a translation. The other Contracting States shall send the translations in either the national language of the receiving State or such one of the official languages of the Council of Europe as the receiving State shall indicates. However, such an indication is not obligatory. The other Contracting States may claim reciprocity. 3. This article shall be without prejudice to any provision concerning the translation of requests and supporting documents that may be led in agreements or arrangements now in force or that may be concluded between two or more Contracting States. Article 19 Documents transmitted in application of this Convention need not be authenticated. Article 20 Contracting Parties shall not claim from each other the refund of any expense of the resulting from the application of this Convention. Section 3-effects in the requesting State of a request for proceedings article 21 1. When the requesting State has requested proceedings, it can no longer suspected the prosecut person for the offenc in respect of which the proceedings have been requested or enforce a judgement which has been pronounced previously in that State against him for that offenc. Until the requested State's decision on the request for proceedings has been received, the requesting State shall, however, retain its right to take all steps in respect of prosecution, short of bringing the case to trial, or, as the case may be, allowing the competent administrative authority to decide it on the case. 2. The right of prosecution and of enforcement shall revert to the requesting State: a) if the requested State informs it of a decision in accordanc with article 10 not to take action on the request; (b)) if the requested State informs it of a decision in accordanc with article 11 of the refus acceptance of the request; c) if the requested State informs it of a decision in accordanc with article 12 to withdraw acceptance of the request; (d)) if the requested State informs it of a decision not to institute proceedings or discontinu them; (e) if it will withdraw its) request before the requested State has informed it of a decision to take action on the request. Article 22 (A) the request for proceedings, made in accordanc with the provision of this part, shall have the effect in the requesting State of prolonging the time-limit for proceedings by six months. Section 4-effects in the requested State of a request for proceedings article 23 If the competence of the requested State is exclusively grounded on article 2 the time-limit for proceedings in that State shall be prolonged by six months. Article 24 1. If proceedings are dependent on a complaint in both States the complaint brough in the requesting State shall have equal validity with that brough in the requested State. 2. If a complaint is not cessary only in the requested State, that State may take proceedings even in the absence of a complaint if the person who is empowered to bring the complaint has not objected within a period of one month from the date of receipt by him of the notice from the competent authority informing him of his right to object. Article 25 In the requested State the sanction applicable to the Office shall be that prescribed offenc by its own law unless that law provides otherwise. Where the competence of the requested State is exclusively grounded on article 2, the sanction pronounced in that State shall not be more sever than that provided for in the law of the requesting State. Article 26 1. Any act with a view to proceedings, taken in the requesting State in accordanc with its law and regulations, shall have the same validity in the requested State as if it had been taken by the authorities of that State, provided that assimilation does not give such act a greater evidential weight than it has in the requesting State. 2. Any act which interrupt time-limitations and which has been validly performed in the requesting State shall have the same effects in the requested State and vice versa. Section 5-Provisional measure in the requested State article 27 1. When the requesting State announces its intention to transmit a request for proceedings, and if the competence of the requested State would be exclusively grounded on article 2, the requested State may, on application by the requesting State and by virtue of this Convention, provisionally arrest the suspected person: a) if the law of the requested remand in custody of the State authoris for the offenc» and (b)), if there are reasons to fear that the person will abscond or suspected that he will cause evidence to be suppressed. 2. The application for provisional arrest shall state that there exists a warrant of arrest or other order having the same effect, issued in accordanc with the procedure put down in the law of the requesting State; It shall also state for what an offenc proceedings will be requested and when and where such offenc was committed and it shall contain as accurate a description of the suspected person as possible. It shall also contain a brief statement of the circumstanc-of the case. 3. An application for provisional arrest shall be sent direct by the authorities in the requesting State mentioned in article 13 to the òàæó authorities in the requested State, by post or by any other mean for telegr or for affording evidence in writing or accepted by the requested State. The requesting State shall be informed without delay of the result of its application. Article 28 Upon receipt of a request for proceedings accompanied by the documents referred to in article 15, paragraph 1, the requested State shall have jurisdiction to apply all such provisional measure, including remand in custody of the suspected person and chicken pox vaccine and of property, s could be applied under its own law if the offenc in respect of which proceedings are requested had been committed in its territory. Article 29 1. The provisional measure provided for in articles 27 and 28 shall be governed by the provision of this Convention and the law of the requested State. The law of that State, or the Convention shall also determin the condition on which the measure of a lapse in may. 2. the measure of these shall lapse in the cases referred to in article 21, paragraph 2 (A) A person in custody 3 shall in any event be released if he is arrested in pursuanc of article 27 and the requested State does not receive the request for proceedings within 18 days from the date of the arrest. 4. A person in custody shall in any event be released if he is arrested in pursuanc of article 27 and the documents which should accompany the request for proceedings have not been received by the requested State within 15 days from the receipt of the request for proceedings. 5. The period of custody applied exclusively by virtue of article 27 shall not in any event exceeds 100 40 days. On the IV-Plurality of criminal proceedings article 30 1. Any Contracting State which, before the institution or in the course of proceedings for an offenc-which it does not consider to be ither of a political nature nor a purely military one, is aware of proceedings pending in another Contracting State against the same person in respect of the same Office shall consider offenc whethers it can either suspend its own waiv or proceedings , or transfer them to the other State. 2. If it it advisabl deemas in the notes it waiv circumstanc or suspend its own proceedings it shall so notify the other State in good time and in any event before judgment is given on the Merritt. Article 31 1. In the eventuality referred to in article 30, paragraph 2, the States concerned shall endeavour as far as possible, after evaluation in the determin each of the mentioned in the article of circumstanc 8, which of them alone shall continue to conduct proceedings. During this consultative procedure the States concerned the judgement postpon IR on the Merritt without however being obliged to prolong such a period of the postponemen beyond the 30 days as from the despatch of the notification provided for in article 30, paragraph 2 2. The provision of paragraph 1 shall not be binding: a) on the State despatching the notification provided for in article 30, paragraph 2, if the main trial has been declared open there in the presence of the accused before despatch of the notification; (b)) on the State to which the notification is addressed, if the main trial has been declared open there in the presence of the accused before receipt of the notification. Article 32 In the interests of arriving at the truth and with a view to the application of an appropriate sanction, the States concerned shall whethers it is to examin the expedien that one of them alone shall conduct proceedings and, if so, endeavour to determin the which one, when: (a) which of the offenc severals) materially distinct and which fall under the criminal law of each of those States are ascribed either to a single person or several persons having acted in it unison; (b) in which a single offenc) falls under the criminal law of each of those States is ascribed to several persons having acted in unison. Article 33 All Albert reached in accordanc with articles 31, paragraph 1, and 32 shall entail, as between the States concerned, all the consequences of a transfer of proceedings as provided for in this Convention. The State which it will own waiv proceedings shall be deemed to have transferred them to the other State. Article 34 the transfer procedure provided for in Section 2 of part III shall apply in so far as it is compatible with the provision of those led in the present On the V.-Ne bis in idem article 35 1. (A) A person in respect of whom a final criminal judgement of enforceabl and has been rendered may for the same Act not be prosecuted nor sentenced nor subjected ither the enforcement of a sanction in another Contracting State (a) if he was acquitted); (b) if the sanction imposed): (i)) has been completely enforced or is being enforced, or (ii)) has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty, or III) can no longer be enforced because of the lapse of time; c) if the Court convicted the offender without imposing a sanction. 2. vertheles, a Contracting State shall not, unless it has itself requested the proceedings, be obliged to recognis the effect of ne bis in idem if the Act which gave rise to the judgement was directed against either a person or an institution or any thing having public status in that State, or if the subject of the judgement had himself a public status in that State. 3. Furthermore, a Contracting State where the Act was committed or considered as such according to the law of that State shall not be obliged to recognis the effect of ne bis in idem unless that State has itself requested the proceedings. Article 36 If new proceedings are instituted against a person who in another Contracting State has been sentenced for the same Act, then any period of deprivation of liberty arising from the a line shall be deducted from the enforced sanctions which may be imposed. Article 37 shall not be on The prevent the application of wider domestic provision relating to it the effect of ne bis in idem attached to foreign criminal judgment. For the Commission of article VI-Final 38 1. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. The instrument of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2. This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance. 3. In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance. Article 39 1. After the entry into force of this Convention, the Committee of Minister of the Council of Europe may invite any non-member State to accede the theret provided that the resolution containing such invitation received the unanimous in agreement of the members of the Council who have ratified the Convention. 2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit. Article 40 1. Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply. 2. Any Contracting State may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertaking. 3. Any declaration made in pursuanc of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure let down in article 45 of the Convention. Article 41 1. Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it is itself of on or availa ... more of the reservations provided for in Appendix I or make a declaration provided for in Appendix II to this Convention. 2. Any Contracting State may wholly or partly withdraw a reservation or declaration it has made in accordanc with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt. 3. A Contracting State which has made a reservation in respect of any provision of this The Convention may not claim the application of that provision by any other Contracting State; It may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it. Article 42 1. Any Contracting State may at any time, by declaration addressed to the Secretary General of the Council of Europe, set out the legal provision to be included in Appendix III to this Convention. 2. Any change of the national provision listed in Appendix III shall be notified to the Secretary General of the Council of Europe if such a change renders the information in this appendix incorrect. 3. Any changes made in Appendix III in application of the preceding paragraphs shall take effect in each Contracting State one month after the date of their notification by the Secretary General of the Council of Europe. Article 43 1. This Convention does not ither the Lady and the undertaking of the rights derived from extradition and international convention of multilaterals treats concerning special matters, nor a provision concerning matters which the deal with in the present Convention and which led in the other existing convention between the Contracting States. 2. The Contracting States may not bilateral agreements the multilaterals conclud or with one another on the matters to deal with in this Convention, except in order to supplement its provision or facilitat application of the principles embodied in it. 3. Should two or more Contracting States, however, have already established their relations in this matter on the basis of uniform legislation or instituted, a special system of their own , or should they in future do so, they shall be entitled to a regulat those relations accordingly, notwithstanding the terms of this Convention. 4. the Contracting States ceasing to apply the terms of this Convention to their mutual relations in this matter in accordanc with the provision of the preceding paragraph shall notify of the the Secretary General of the Council of Europe to that effect. Article 44 the European Committee on crime problems of the Council of Europe shall be informed regarding the application to the skipper of this Convention and shall do whatever is not edful it a friendly settlement facilitat of any difficulty which may «arise out of its execution. Article 45 1. This Convention shall remain in force indefinitely. 2. Any Contracting State may, in so far as it is concerned, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 3. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. Article 46 the Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: a any signature;) b any deposit of an instrument) of ratification, acceptance or accession; (c) any date of entry) into force of this Convention in accordanc with article 38 thereof; (d) any declaration received in pursuanc) of the provision of article 9, paragraph 3; (e) any declaration received in pursuanc) of the provision of article 13, paragraph 3; (f) any declaration received in pursuanc) of the provision of article 18, paragraph 2; (g) any declaration received in pursuanc) of the provision of article 40, paragraphs 2 and 3; (h) any reservation or declaration) made in pursuanc of the provision of article 41, paragraph 1; I) withdrawals of any of the reservation or declaration carried out in pursuanc of the provision of article 41, paragraph 2; (j) any declaration received in pursuanc) of article 42, paragraph 1, and any subsequent notification received in pursuanc of paragraph 2 of that article; any notification received in pursuanc k) of the provision of article 43, paragraph 4; any notification received in pursuanc l) of the provision of article 45 and the date on which denunciation takes effect. Article 47 of The Convention and the notifications and declarations authorised thereunder shall apply only to the committed after the offenc Convention comes into effect for the Contracting States involved. In witness whereof, the undersigned, being duly authorised the theret, have signed this Convention. Done at Strasbourg, this 15th day of May, 1972, in English and in French, both texts being equally authoritativ, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified cop to each signatory and acceding Governments of the.

APPENDIX I Each Contracting State may declare that it reserve the right to: (a) a request to the refus) for proceedings, if it consider that the offenc is a purely religious offenc; (b)) a request for the refus proceedings for an act the sanctions for which, in accordanc with its own law, can be imposed only by an administrative authority; (c)) not to accept article 22; (d)) not to accept article 23; e) not to accept the provision of led in the second line of article 25 for constitutional reasons; f) not to accept the provision laid down in article 26, paragraph 2, where it is competent by virtue of its own law; (g)) not to apply articles 30 and 31 in respect of an act for which the sanction, in accordanc with its own law or that of the other State concerned, can be imposed only by an administrative authority. h) not to accept Any of the APPENDIX II v. Contracting State may declare that for reasons arising out of its constitutional law it cant make or receive requests for proceedings only in the specified in its municipal circumstanc law. Any Contracting State may, by means of a declaration, define as far as it is concerned the term "national" within the meaning of this Convention. APPENDIX III list of others than of the offenc offenc deals with under criminal law the following shall be assimilated to the offenc offenc's under criminal law — in France: any unlawful behaviour sanctioned by a contravention de Grande voir. — the Federal Republic of Germany, in: any unlawful behaviour to deal with according to the procedure let down in the Act of Violation of regulations (Gesetz über Ordnungswidrigkeiten of 24 May 1968-1968, BGB1 I, 481). — in Italy: any unlawful behaviour which it is applicable to the eye of the. 317 of 3 March 1967.

The Council of Europe Convention on the TRANSFER of proceedings in criminal matters of the Council of Europe Member States which have signed this Convention, aware that the aim of the Council of Europe is to achieve greater unity between Member States, wishing to improve the work they have already done in the area of criminal law, to achieve greater fairness and efficiency in the application of sanctions, believing that to achieve this aim, it is appropriate to the spirit of mutual trust to ensure the progress of the criminal proceedings at the international level, especially to prevent problems created by conflicts, the distribution of powers have agreed: (I) section. Explanation of terms article 1 For the purposes of this Convention: (a) "offence" is a criminal act or omission and such act or omission covered by this Convention, referred to in annex III to the rules of law, provided that in cases where the proceedings are within the competence of the administrative body has the right to apply to the courts; (b) "sanction" means any punishment or other feature that is applied to or made in respect of an offence or to a referred to in annex III to the rules of law. (II) section. Competence in article 2 of this Convention 1 within each Contracting State in accordance with their national criminal legislation is entitled to prosecute for each offence in respect of which the applicable law of another Contracting State. 2. The rights granted to the Contracting State only on the basis of paragraph 1 of this article, authorized for use, only on the basis of another Contracting State to take proceedings for the request. Article 3 each Contracting State in accordance with its provisions has a right to prosecute the offence, under this Convention may refuse or refrain from carrying out the proceedings with respect to suspects who are or will be criminally prosecuted for the same offence in another country. With regard to article 21, paragraph 2 each such decision on refusal or abstention from conduct of proceedings is a temporary decision until a final decision is taken in the second Contracting State. 4. at the request of the beneficiary State article should be suspended only in accordance with article 2 of the judicial proceedings, if it becomes known that according to Pieprasītājvalst law has ended the right to apply a penalty by reason of circumstances rather than the time limits that are specifically regulated in article 10 (c), article 11 (f) and (g), 22, 23 and 26. Article 5 of title III of this Convention shall preclude the right of the beneficiary State request for prosecution shall be governed by the legislation. Title III. Transfer of proceedings section 1. Request proceedings article 6 1 When in accordance with the legislation of a Contracting State of a person is suspected of committing, that State may request another Contracting State to take proceedings in the cases laid down in the Convention and in order. 2. the national competent authorities should consider the request another Contracting State to take proceedings if such a possibility is provided for in this Convention. 7. Article 1. Beneficiary countries shall conduct the proceedings in cases where the offence, which is asked, would not be considered an offence if it were committed in its territory and if in this case the offender would not be called to account in accordance with its legislation. 2. If the offence committed by a person with the status of State or it committed against the person, institution or anything, which is a non-governmental status at the request of a service Pieprasītājvalst, then the offence shall be deemed made by the person with the status of State or which is committed against such persons, institutions or anything that corresponds to the request of the recipient country, against which the offence is actually committed. 1. Article 8 each Contracting State may request another Contracting State to take proceedings in one or more of the following cases: (a) where the suspected person's regular diet, at the request of the beneficiary country; (b) if the suspected person is a citizen of the beneficiary country or of the request is it was born; (c) if the suspect at the request of the person being served or the beneficiary country must suffer the penalty associated with the deprivation of liberty; (d) if the beneficiary country is against the suspected person is made for the same offence proceedings or other offences; (e) if it considers that the transfer of legal proceedings is required in establishing the truth, especially when important evidence is situated in the recipient country; (f) if it considers that execution of the penalty if such punishment to be ordered, at the request of the recipient country will improve the social rehabilitation of the convicted person; (g) if it considers that it is not possible to ensure the presence of the suspected person in court proceedings and that it is possible to Pieprasītājvalst to provide its own presence in the court proceedings, at the request of the recipient country (h) if it considers that it cannot, even using the right to extradition, to execute the punishment, if any, would be fined, and the beneficiary State is possible. 2. Where a final sentence against the suspected person sentenced in one of the Contracting States, that State may request the transfer of proceedings in one or more of this article, in the cases referred to in paragraph 1 only if it cannot, even using the right to issue, execute sentenced penalty and if the other Contracting State shall in principle not be accepted for execution in foreign countries judgements or decisions taken by refuses to fulfill a specific penalty. 9. Article 1. the competent authorities of the beneficiary country should be dealt with in accordance with the previous article, the requirements requested to take legal proceedings. These institutions in accordance with their national law to decide what action should be taken in the context of the request. 2. If the beneficiary country's legislation provides that the penalty for the offence imposes administrative body of this country as soon as possible to inform Pieprasītājvalst, except when the request is made by the beneficiary country in the statement in paragraph 3 of this article. 3. Any Contracting State's rights when signing this Convention or submitted its instrument of ratification, acceptance or accession, as well as later at any time to submit a notification to the Secretary-General of the Council of Europe, indicating the circumstances in which the national law permits that the penalties for specific offences impose administrative body. This notice replaces paragraph 2 of this article provides the information. Article 10 the request does not comply with the request of the beneficiary country, if: (a) it does not comply with article 6, paragraph 1 and article 7 paragraph 1 of the rules; (b) the proceedings is in contradiction with the provisions of article 35 (c) at the time of submission of the request criminal justice at Pieprasītājvalst deadline for carrying out, in accordance with the law is already gone. Article 11 article 10 additional cases the request provided for in the beneficiary country may refuse to accept the request, in whole or any part of it only in one or more of the following cases: (a) if it believes that the reasons for the request in accordance with article 8 is not enough; (b) if the suspected person is not maintained regularly, at the request of the beneficiary country; (c) if the suspected person is not a national of the beneficiary countries and the request was not the permanent resident at the time of the offence; (d) if it considers that the offence in respect of which is asked, is the political will, expressed in the military or financial nature; (e) if it considers that there are sufficient grounds for believing that the request for proceedings filed racist, religious, national or political reasons; (f) if the offence is applicable to these national legislative acts and if, in accordance with the receipt of the request at the time of the conduct of the proceedings was not possible due to expiry. In this case, not to apply article 26, paragraph 2; (g) if its right down the only article 2 and in accordance with the national legislation at the time of receipt of the request the justice administration is not possible due to expiry, subject to the extension of six months in accordance with the provisions of article 23; (h) where the offence was committed outside the territory of the Pieprasītājvalst; (i) if the conduct of the proceedings would be inconsistent with the international obligations of the beneficiary country; (j) if the conduct of the proceedings would be contrary to the law of the beneficiary country, at the request of the guiding principles; (k) if the Pieprasītājvalst has violated this Convention procedure. Article 12 1. Beneficiary State must withdraw their consent to the request if, after it has agreed to disclose some of the article 10 of this Convention, the said conditions, which is the basis for the non-execution of the request. 2. the Beneficiary may withdraw his request for consent if: (a) disclose that in this country it is not possible to ensure the presence of the suspected person in the proceedings or that it is not possible to execute any fine that might be imposed; (b) If before referral to the Court reveal one of article 11 of the said conditions, which is the basis for refusal or (c) in other cases with the consent of the Pieprasītājvalst. Chapter 2. The handover of article 13 1. all requests under this Convention shall be submitted in writing. The implementation of this Convention and of all the required communication of Pieprasītājvalst, either the Ministry of Justice to the Ministry of Justice, at the request of the beneficiary country, or directly by the competent authorities of the countries concerned in accordance with a special agreement. Answers to be provided, through the same channels. 2. in exceptional cases, can send requests and contacting perform with the international criminal police organisation (INTERPOL). 3. any Contracting State may send a notification addressed to the Secretary General of the Council of Europe, in which it declares his intention, as far as this country is that it will detect a different contact arrangements that differ from the procedures provided for in paragraph 1. Article 14 if a Contracting State considers that the other Contracting State, the submitted information is not sufficient to apply this Convention, it is necessary to request additional information. It may also specify the exact deadline for receiving such information. 15. Article 1 to the request should be submitted in the criminal proceedings, the original or certified true copy and all other required documents. However, if the suspected person is in prison in accordance with the provisions of title V and Pieprasītājvalst can not send these documents at the request of the proceedings, it may be sent later. 2. in addition, the Pieprasītājvalst State must be in writing, shall inform the beneficiary country for each procedural action or other measures after the request, made at Pieprasītājvalst, if they have a role in the process. Such information must be accompanied by all necessary documents. 16. Article 1. Beneficiary must immediately inform Pieprasītājvalst about your decision with regard to the request submitted to take legal proceedings. 2. the beneficiary State must also inform the Pieprasītājvalst on the refusal to take legal action or decision taken as a result of the proceedings. State Pieprasītājvalst be sent in writing to the certified true copies of any decision. Article 17 if the beneficiary country right down the only provisions of article 2, it shall inform the suspected person on request, to give that person an opportunity to express their views on this subject, before this country takes a decision regarding the request. 18. Article 1 in accordance with paragraph 2 of this article are not required for translation of documents relating to the application of this Convention. 2. any Contracting State at the time of signing this Convention or submitted the instruments of ratification, acceptance or accession, by means of a notification addressed to the Secretary General of the Council of Europe, can keep the right to require a translation of the documents of accession, except for article 16, paragraph 2 of the written copy of the decision. Other Contracting States send the translations either official language, the recipient country or in one of the official Council of Europe languages identified by the beneficiary country. However, this indication is not compulsory. Other Contracting States may apply the principle of reciprocity. 3. This article is without prejudice to any requirements relating to the request and the accompanying documents, provided for in the agreements or arrangements in force now or may be concluded between two or more Contracting States. Article 19 documents that are sent, in implementing this Convention, does not require proof of authenticity. Article 20 Contracting States to each other will not be required to cover any expenses incurred in the implementation of this Convention. Chapter 3. Consequences of Pieprasītājvalst in respect of the proceedings with article 21 1. once the request has been submitted, Pieprasītājvalst State is not allowed to continue prosecution of the suspected person for the offence in respect of which it was asked to perform an action or to execute the judgment, which it had previously declared in Pieprasītājvalst for this offence. Until then, when the request is received by the beneficiary country, the decision on the request, Pieprasītājvalst retains the right to take all necessary measures to prosecute, but it may not be the case before a Court of law or, depending on the circumstances of the case, to allow the decision to take the case to the competent administrative institution. 2. Pieprasītājvalst recovers the right to prosecute and execute judgment, if: (a) the beneficiary country shall, at the request of the decision not to execute the request in accordance with article 10; (b) the beneficiary country shall, at the request of the decision not to accept the request in accordance with article 11; (c) request the beneficiary country shall inform it of the decision to withdraw the consent to the request in accordance with article 12; (d) the beneficiary country shall, at the request of the decision not to initiate judicial proceedings or to stop; (e) it withdraws its request before the request, the Beneficiary has been informed of the decision to execute the request. Article 22 if, in accordance with the provisions of this section shall be submitted to the request, the period of Pieprasītājvalst in the proceedings is extended for six months. Chapter 4. The consequences for the country due to the request of the request proceedings article 23 if the beneficiary country right down the only provisions of article 2, the time of the proceedings it is extended for six months. Article 24 1. If the conduct of the proceedings in both countries is required for a complaint, complaint, submitted at the request of the beneficiary country, Pieprasītājvalst have the same legal force as the submitted complaint. 2. If the complaint need only request a beneficiary country, it can initiate proceedings, even if such a complaint is not filed, if the person has the right to submit it, not raised objections within one month from the date on which it received the notice of the competent authority, in which it is informed of the right to raise objections. Article 25 in the beneficiary country for the offence at the request applies to the national statutory penalties if it does not provide otherwise. In the case where the beneficiary country right down the only provisions of article 2, it proclaimed the sanctions must not be more severe than that specified in Pieprasītājvalst legislation. 26. Article 1. All judicial actions taken at the Pieprasītājvalst in accordance with its laws and regulations, the beneficiary country shall have the same legal force as its institutional activities, provided that such an alignment would not be granted following more evidence of strength in the Pieprasītājvalst. 2. Every action that stops the flow of the period and legally made at Pieprasītājvalst, have the same effect at the request of the recipient country and also vice versa. Chapter 5. Interim procedural features request beneficiary country article 27 1. If Pieprasītājvalst announces its intention to submit a request to make the proceedings and if the beneficiary country right down the only provisions of article 2, and Pieprasītājvalst and the application in accordance with this Convention may, at the request of the beneficiary State to carry out the suspected person provisional arrest if: (a) request the beneficiary State legislation on these offences provides for imprisonment; (b) there are reasonable grounds for believing that the suspected person will avoid investigation or try to hide the evidence. 2. The application for provisional arrest, it should be noted that the decision has been taken on the application of detention or any other decision having the same effect and adopted in accordance with the Pieprasītājvalst of legislative procedures, it also contained information about the offence in respect of which a request will be submitted, indicating when and where the offence was committed, as well as possible should be given the exact description of the suspected person. You must also provide a brief statement of the circumstances of the case. 3. the application for provisional arrest shall send the Pieprasītājvalst referred to in article 13, the authorities of the beneficiary country directly to the appropriate authorities, at the request by mail or telegram or by any other means that provides proof of receipt in writing or accepted the request of the beneficiary country. Pieprasītājvalst is immediately informed of the results of the examination of the application. Article 28 on receipt of a request to take the proceedings and documents referred to in article 15, paragraph 1, the Beneficiary acquires the right to apply all temporary procedural features, including the arrest of the suspected person and removal of property which can be applied in accordance with the law if the offence for which is asked, would have its own territory. 29. Article 1 article 27 and 28 in procedural features of the provisional regulation that the provisions of the Convention and the legislation at the request of the beneficiary country. Request the beneficiary State legislation or by the Convention also lays down the conditions under which such termination rights. 2. the provisional procedural features cease article 21, paragraph 2, in the cases referred to. 3. the person necessarily should be Imprisoned, if arrested, in accordance with article 27 and the request is received by the beneficiary country request proceedings 18 days from the date of that person's arrest. 4. the person necessarily should be Imprisoned, if arrested, in accordance with article 27 and the beneficiary State has not received the request to make the prosecution request to add documents within 15 days after it has received a request to take legal proceedings. 5. the Term of imprisonment imposed only on the basis of article 27, in no case may not exceed 40 days. Section IV. Criminal Justice pluralism article 30 1. any Contracting State which, before commencement or during for the offence, which it does not consider not political nor purely military offence, becomes aware of the action taken in another Contracting State against the same person for the same offence, it is necessary to consider the question of opt to take proceedings or to stop , or put the justice administration in the other country. 2. If in the circumstances it is not considered appropriate to withdraw from court proceedings or to stop it in time for it to inform the other State, and in any case to be made, to judgment on the merits. 31. Article 1 article 30 paragraph 2 in the case specified in the countries concerned, in each case considering the circumstances referred to in article 8 shall, as far as possible, endeavour to agree which of them will continue to take legal action. Following consultations by the countries concerned during the deferred judgment as to the substance of the Declaration, however, it is not obliged to set aside the judgment for more than 30 days from article 30 paragraph 2 provided the date of dispatch of the notice; 2. Paragraph 1 of this article, the terms: (a) does not state that sends the article 30 paragraph 2 of the statement, if the main trial has been launched in the presence of the accused before the dispatch of the notice; (b) the State to which the notification is addressed, if the main trial has been launched in the presence of the accused before receipt of the notification. 32. article to see truth and to apply the appropriate sanctions for the countries concerned to decide whether it is appropriate that only one of them out of the proceedings, and, if so, to try to agree that the State will do if: (a) a number of disparate offences, which are raised in accordance with each country's criminal legislation, is suspected by the same person, or several people who worked harmoniously; (b) the offence was committed in that case in accordance with each country's criminal law, suspects are held by many people that worked harmoniously. Article 33 All in accordance with paragraph 1 of article 31 and article 32 of the decision taken in the countries concerned have the same consequences arising from a transfer of proceedings in accordance with the procedure laid down in this Convention. If the State has abandoned its pursuit of the proceedings, it shall be deemed to have delegated the conduct of proceedings to another State. Article 34 of title III, Chapter 2 of the proceedings specified in the procedure of the transfer is valid in so far as it complies with the rules laid down in this section. Title v. Ne bis in idem in article 35 1. A Person with regard to whom criminal proceedings has become final and enforceable judgment, for the same offence are not allowed not to pursue criminal, not doom, not to execute any sanction in another Contracting State if; (a) the person is justified; (b) the sentenced sanction: (i) fully executed or being executed, or (ii) in full or in relation to the part not yet fulfilled passed a pardon or amnesty; (ii) is no longer enforceable term ends; (c) the Court of Justice of the perpetrators found guilty but has not imposed any sanctions. 2. except for the cases when the contracting country has asked to take the proceedings, it shall not be obliged to recognise the ne bis in idem validity if the offence in respect of which the judgment was directed against a person or institution, or anything that this country's governmental status, or if the subject of the judgment had himself a national status. 3. in addition, the Contracting State in which the offence was committed or it is deemed in accordance with the national legislation, are not required to recognise the ne bis in idem effect, unless the same is not asked to take legal action. 36. article if the person convicted in another Member State for the same offence, it is proposed that a new process, the possible penalties are deducted from any period of imprisonment served under executed judgment. 37. Article this chapter does not preclude more extensive domestic legislation relating to the application of the ne bis in idem effect related to foreign judgments in criminal matters. Section VI. Final provisions article 38 1. this Convention shall be open for signature by any Member State of the Council of Europe. It is necessary to ratify or accept. The instrument of ratification or acceptance shall be submitted to the Secretary-General of the Council of Europe. 2. this Convention shall enter into force three months after submission of the third instrument of ratification or acceptance. 3. For a country that signed the Convention, but ratify or adopt it later, this Convention shall enter into force three months after it filed its instrument of ratification or deposited the instrument of acceptance. 39. Article 1. After this Convention has entered into force, the Committee of Ministers of the Council of Europe may invite any State to join, which is not a Member State of the Council of Europe, where the decision containing such invitation, unanimously agree to the Member States of the Council of Europe that have ratified this Convention. 2. such accession shall be effected by giving the Secretary-General of the Council of Europe an instrument of accession which shall take effect three months after its submission. 40. Article 1 each Contracting State, when signing this Convention or depositing its instrument of ratification be submitted, acceptance of accession, may specify the territory or territories to which the Convention will apply. 2. any Contracting State of the Convention submitted the instruments of ratification, acceptance or accession, as well as anytime later you can submit the notification addressed to the Secretary General of the Council of Europe, in which it noted that expanding the scope of this Convention to another territory or territories specified in the notification, and for the international relations of which that State is responsible or on whose behalf it is authorized to enter into commitments. 3. each communication submitted under the preceding paragraph may, in respect of any territory mentioned in such notice, may withdraw the article 45 of the Convention. 41. Article 1 each Contracting State, when signing the Convention or provide under its instrument of ratification, acceptance or accession, declare that it wants to use the reservations provided for in annex I or that it wishes to submit this Convention a statement referred to in annex II. 2. any Contracting State may wholly or partially withdraw in accordance with the preceding paragraph made reservations or a statement submitted by means of a notification addressed to the Secretary General of the Council of Europe, which shall enter into force on the date of receipt. 3. Any Contracting State which made a reservation in respect of any of the articles of this Convention, do not have the right to request that they comply with the other Contracting States, however, if its reservation is partial or conditional, this country has the right to require compliance with the corresponding article in so far as it did. 42. Article 1. Any Contracting State may at any time send a notification addressed to the Secretary General of the Council of Europe, in which it proposes a specific provision for the inclusion in annex III of this Convention. 2. Any amendments listed in annex III to the rules of national law must be notified to the Secretary-General of the Council of Europe, if these amendments change the information contained in annex III. 3. any amendments in accordance with the preceding points made in annex III shall enter into force for each Contracting State one month after they informed the Secretary General of the Council of Europe. 43. Article 1 this Convention shall not affect the rights or obligations arising out of treaties on extradition and international multilateral conventions on specific issues, nor the rules concerning matters governed by this Convention and which are contained in other existing between the Contracting States in the Convention. 2. the Contracting States with each other is not allowed to conclude, not bilateral, not multilateral agreements on matters governed by this Convention, unless the purpose is to supplement the provisions of this Convention or to facilitate the implementation of the principles contained therein. 3. If two or more Contracting States to advance mutual relations in this matter are established on the basis of uniform legislation or have set up their specific system or will do it in the future, these countries have the right to regulate their relations in such a way, despite the provisions of this Convention. 4. The Contracting States, the termination of which the application of the provisions of the present Convention in their mutual relations in accordance with the provisions of the preceding paragraph shall notify the Secretary General of the Council of Europe. Article 44 Council of Europe the Committee of crime problems will be informed about the implementation of this Convention, and will undertake all necessary to amicably resolve any problems that might arise in the process of implementation of the Convention. 45. Article 1 this Convention shall be concluded for an indefinite period. 2. any Contracting State may denounce this Convention in so far as it refers to it, by means of a notification addressed to the Secretary General of the Council of Europe. 3. Such denunciation shall take effect six months after its receipt by the Secretary-General of the Council of Europe. Article 46 the Secretary-General of the Council of Europe shall inform the Member States of the Council of Europe and all parties to this Convention, the States of: (a) any signature; (b) in each case where storage is provided in the instrument of ratification, acceptance or accession; (c) the entry into force of this Convention in accordance with the case of article 38; (d) any notification received in accordance with paragraph 3 of article 9; (e) any notification received in accordance with paragraph 3 of article 13; (f) any notification received in accordance with article 18, paragraph 2; (g) any notification received in accordance with article 40, paragraph 2 and 3; (h) each reservation or notification submitted in accordance with paragraph 1 of article 41; (i) each withdrawal of reservations or statement submitted in accordance with paragraph 2 of article 41 of the rules; (j) any notification received in accordance with paragraph 1 of article 42 of the rules, and any notification received in accordance with paragraph 2; (k) any notification received in accordance with article 43, paragraph 4, of the rules; (l) any notification received in accordance with the provisions of article 45 and the date when the denunciation takes effect. Article 47 of the Convention and in accordance with the notices provided applies only to offences committed after the entry into force of this Convention for the Contracting States concerned. Above, the Convention has been signed up to their authorized persons. Drawn up in Strasbourg on 15 May 1972 in the English and French languages, both texts have equal legal force, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General shall send certified copies to the Governments of all States which have signed this Convention or acceded thereto.

In annex I, any Contracting State may declare that it reserves the right: (a) to reject the request for the proceedings, if it considers that the offence is purely religious in nature; (b) reject the request proceedings for offences for which the penalties provided for under the law can be imposed only by an administrative authority; (c) not to accept article 22; (d) not to accept article 23; (e) constitutional reasons not to accept article 25 the provisions laid down in the sentence; (f) not to accept article 26, paragraph 2 of the rules laid down in cases where it is entitled, in accordance with its legislation; (g) not to apply article 30 and 31 in relation to the offences for which the penalties provided for under this State or any other interested State law can order the only administrative authority; (h) not to accept V. Annex II, any Contracting State may declare that its constitutional law reasons it can transmit and receive requests to take legal action only under conditions provided for in its legislation. Any Member State may, on giving notice, in so far as it relates to this country, to define the concept of "citizen" within the meaning of this Convention. Annex III list of Offences that are treated as offences subject to criminal legislation such offences are treated as offences subject to criminal legislation:-France-any unlawful act, for which the penalty for Contravention de Grande voir; -In the Federal Republic of Germany-any unlawful act, which is dealt with in accordance with the 24 May 1968 "Regulations Act (Gesetz über Ordnungswidrigkeiten); -Italy-any unlawful act, subject to the 3 March 1967, Act No. 317.