12.07.2015 Views

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Article 21.Transfer <strong>of</strong> criminal proceedingsRolling text (A/AC.254/4)A. Negotiation textsFirst session: 19-29 January 1999“Article 16“Transfer <strong>of</strong> proceedings“States Parties shall give consideration to the possibility <strong>of</strong> transferring to oneanother proceedings for criminal prosecution <strong>of</strong> an <strong>of</strong>fence established in article(s)[...] [alternatively: <strong>of</strong> an <strong>of</strong>fence covered by <strong>this</strong> Convention] in cases where suchtransfer is considered to be in the interests <strong>of</strong> the proper administration <strong>of</strong> justice, inparticular in cases where more jurisdictions are involved, with a view to concentratingthe prosecution.Notes by the Secretariat1. At the informal preparatory meeting held in Buenos Aires in 1998, some delegationsfelt that the subject matter <strong>of</strong> <strong>this</strong> article could be best treated under paragraph 5 <strong>of</strong>article 9, on jurisdiction, or in connection with article 10, paragraph 9, as amended by theAd Hoc Committee at its first session, regarding domestic prosecution in lieu <strong>of</strong> extradition<strong>of</strong> nationals.2. Irrespective <strong>of</strong> the placement <strong>of</strong> <strong>this</strong> provision, there was general consensus onits content, which was therefore not modified throughout the sessions <strong>of</strong> the Ad HocCommittee. At its tenth session, the Ad Hoc Committee considered, finalized and approvedarticle 16, as amended in its title (see the final text <strong>of</strong> the convention, as included in thereport <strong>of</strong> the Ad Hoc Committee (see A/55/383, sect. IV, draft resolution, annex I), thatwas submitted to the General Assembly for adoption pursuant to resolution 54/126 <strong>of</strong> 17December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 21Transfer <strong>of</strong> criminal proceedingsStates Parties shall consider the possibility <strong>of</strong> transferring to one anotherproceedings for the prosecution <strong>of</strong> an <strong>of</strong>fence covered by <strong>this</strong> Convention in caseswhere such transfer is considered to be in the interests <strong>of</strong> the proper administration<strong>of</strong> justice, in particular in cases where several jurisdictions are involved, witha view to concentrating the prosecution.207

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!