6. Article
1. Kad saskaņā ar Līgumslēdzējas valsts likumdošanas aktiem persona tiek turēta aizdomās par nodarījuma izdarīšanu, šī valsts var lūgt citu Līgumslēdzēju valsti veikt tiesvedību šajā Konvencijā noteiktajās lietās un kārtībā.
2. Līgumslēdzējas valsts kompetentajām institūcijām ir jāapsver iespēja lūgt citu Līgumslēdzēju valsti veikt tiesvedību, ja šāda iespēja ir paredzēta šajā Konvencijā.
- a)) "offence" comprises acts dealt with under the criminal law and those dealt with under the legal provisions listed in Appendix III to this Convention on condition that where an administrative authority is competent to deal with the offence it must be possible for the person concerned to have the case tried by a court;
- b)) "sanction" means any punishment or other measure incurred or pronounced in respect of an offence or in respect of a violation of the legal provisions listed in Appendix III.
- a)) if the suspected person is 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 suspected person is undergoing or is to undergo a sentence involving deprivation of liberty in the requested State;
- d)) if proceedings for the same or other offences are being taken against the suspected person in the requested State;
- e)) if it considers 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)) if it considers that the enforcement in the requested State of a sentence if one were passed is likely to improve the prospects for the social rehabilitation of the person sentenced;
- g)) if it considers 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 considers that it could not itself enforce a sentence if one were passed, even by having recourse to extradition, and that the requested State could do so;
- a)) if the request does not comply with the provisions of Articles 6, paragraph 1, and 7, paragraph 1;
- b)) if the institution of proceedings is contrary to the provisions of Article 35;
- c)) if, at the date on the request, the time-limit for criminal proceedings has already expired in the requesting State under the legislation of that State.
- a)) if it considers that 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 offence;
- d)) if it considers that the offence for which proceedings are requested is an offence of a political nature or a purely military or fiscal one;
- e)) if it considers 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 offence 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 its competence is exclusively grounded 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 consideration;
- h)) if the offence was committed outside the territory of the requesting State;
- i)) if proceedings would be contrary to the international undertakings 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 laid down in this Convention.
- a)) if it becomes apparent that the presence in person of the suspected person cannot be ensured at the hearing of the proceedings in that State or that any sentence, which might be passed, could not be enforced in that State;
- b)) if one of the grounds for refusal mentioned in Article 11 becomes apparent before the case is brought before a court; or
- c)) in other cases, if the requesting State agrees.
- a)) if the requested State informs it of a decision in accordance with Article 10 not to take action on the request;
- b)) if the requested State informs it of a decision in accordance with Article 11 to refuse acceptance of the request;
- c)) if the requested State informs it of a decision in accordance with Article 12 to withdraw acceptance of the request;
- d)) if the requested State informs it of a decision not to institute proceedings or discontinue them;
- e)) if it withdraws its request before the requested State has informed it of a decision to take action on the request.
- a)) if the law of the requested States authorises remand in custody for the offence, and
- b)) if there are reasons to fear that the suspected person will abscond or that he will cause evidence to be suppressed.
- 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.
- a)) several offences which are materially distinct and which fall under the criminal law of each of those States are ascribed either to a single person or to several persons having acted in unison;
- b)) a single offence which falls under the criminal law of each of those States is ascribed to several persons having acted in unison.
- a)) if he was acquitted;
- b)) if the sanction imposed:
- i)) has been completely enforced or is being enforced, or
- c)) if the court convicted the offender without imposing a sanction.
- 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 accordance with Article 38 thereof;
- d)) any declaration received in pursuance of the provisions of Article 9, paragraph 3;
- e)) any declaration received in pursuance of the provisions of Article 13, paragraph 3;
- f)) any declaration received in pursuance of the provisions of Article 18, paragraph 2;
- g)) any declaration received in pursuance of the provisions of Article 40, paragraphs 2 and 3;
- h)) any reservation or declaration made in pursuance of the provisions of Article 41, paragraph 1;
- i)) the withdrawal of any reservation or declaration carried out in pursuance of the provisions of Article 41, paragraph 2;
- j)) any declaration received in pursuance of Article 42, paragraph 1, and any subsequent notification received in pursuance of paragraph 2 of that article;
- k)) any notification received in pursuance of the provisions of Article 43, paragraph 4;
- l)) any notification received in pursuance of the provisions of Article 45 and the date on which denunciation takes effect.
- a)) to refuse a request for proceedings, if it considers that the offence is a purely religious offence;
- b)) to refuse a request for proceedings for an act the sanctions for which, in accordance 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 provisions contained in the second sentence of Article 25 for constitutional reasons;
- f)) not to accept the provisions 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 sanctions, in accordance with its own law or that of the other State concerned, can be imposed only by an administrative authority.
- h)) not to accept Part V.
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