Europees Verdrag betreffende de overdracht van strafvervolging

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Armenië	Ja	Nee
Bulgarije	Ja	Nee
Letland	Ja	Nee
Liechtenstein	Ja	Nee
Moldavië	Ja	Nee
Nederlanden, het Koninkrijk der	Ja	Nee
Noord-Macedonië	Ja	Nee
Oekraïne	Ja	Nee
Russische Federatie	Ja	Nee
Slowakije	Ja	Nee
Tsjechië	Ja	Nee

Armenië

17-12-2004

In accordance with Article 18, paragraph 2 of the Convention, the Republic of Armenia declares that requests and all the relevant documents shall be accompanied by a certified translation into one of the official languages of the Council of Europe or into the Armenian language.
In accordance with Appendix II, the Republic of Armenia declares that the term "national" within the meaning of this Convention refers to a person who is a national of the Republic of Armenia, as well as a person who has a status of refugee of the Republic of Armenia.
In accordance with Article 41, paragraph 1, of the Convention, the Republic of Armenia declares that it avails itself of the reservations provided for in paragraphs a, b, c, d, e, f and g of Appendix I.
In accordance with Article 13, paragraph 3, of the Convention, the Republic of Armenia declares that the requests for transfer of criminal proceedings shall be sent and received through:
a. the General Prosecutor's Office of the Republic of Armenia during the pre-trial stage of the criminal proceedings,
b. the Ministry of Justice of the Republic of Armenia during the trial stage.

Bulgarije

30-03-2004

"In accordance with Article 41, paragraph 1, of the Convention, the Republic of Bulgaria reserves its right:
a) to refuse a request for proceedings, if it considers that the offence is a purely religious offence (Appendix I, sub-paragraph a);
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 (Appendix I, sub-paragraph b);
c) not to accept Article 22 (Appendix I, sub-paragraph c);
d) not to accept Article 23 (Appendix I, sub-paragraph d);
e) not to accept the provisions contained in the second sentence of Article 25 (Appendix I, sub-paragraph e);
f) not to accept the provisions laid down in Article 26, paragraph 2 (Appendix I, sub-paragraph f);
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 (Appendix I, sub-paragraph g).
In accordance with Article 18, paragraph 2, of the Convention, the Republic of Bulgaria declares that requests and all the relevant documents shall be accompanied by a translation into one of the official languages of the Councill of Europe or into Bulgarian language.".

Letland

16-09-2010

The Ministry of Interior - during pre-trial investigation until prosecution;
Ciekurkalna 1st line 1, k-2
Riga, LV-1026
Latvia
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Website : www.iem.gov.lv

Liechtenstein

26-02-2003

In accordance with Appendix I, paragraph b, of the Convention, the Principality of Liechtenstein declares that it will refuse a request for proceedings for an act the sanctions for which, in accordance with Liechtenstein law, can be imposed only by an administrative authority.

In accordance with Appendix I, paragraphs c and d, of the Convention, the Principality of Liechtenstein declares that it does not accept Articles 22 and 23. .

In accordance with Appendix I, paragraph g, of the Convention, the Principality of Liechtenstein declares that it will not apply Articles 30 and 31 in respect of an act for which the sanctions, in accordance with Liechtenstein law, can be imposed only by an administrative authority.

In accordance with Article 18, paragraph 2, of the Convention, the Principality of Liechtenstein declares that requests for proceedings and supporting documents which are not drawn up in either German or English must be accompanied by a translation into one of these languages.

Moldavië

23-01-2007

In accordance with Article 41, paragraph 1, the Republic of Moldova declares that:

- it will refuse a request for proceedings, if it considers that the offence is a purely religious offence, in accordance with paragraph a of Appendix I;

- it will 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, in accordance with paragraph b of Appendix I;

- it will not 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, in accordance with paragraph g of Appendix I.

In accordance with Article 41, paragraph 1, of Appendix II, the Republic of Moldova declares that the term "national" means a citizen of the Republic of Moldova, the foreign citizen or stateless person with residence permits in the Republic of Moldova.

In accordance with Article 13, paragraph 3, the Republic of Moldova declares that the requests for transfer of criminal proceedings formulated during the pre-trial stage shall be addressed to the General Prosecutor's Office, and the requests formulated during the trial stage shall be addressed to the Ministry of Justice.

In accordance with Article 18, paragraph 2, the Republic of Moldova declares that the requests formulated pursuant to this Convention and the supporting documents shall be transmitted to the authorities of the Republic of Moldova accompanied by a translation into the Moldavian language or into one of the official languages of the Council of Europe.

In accordance with Article 40, paragraph 1, the Republic of Moldova declares that until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be appplied only on the territory controlled effectively by the authorities of the Republic of Moldova.

Nederlanden, het Koninkrijk der

18-04-1985

1. with reference to Article 18, second paragraph:
The Kingdom of the Netherlands requires that the documents relating to the application of the above-mentioned Convention be accompanied by a translation, unless they are drawn up in the Dutch, German, French or English language;
2. with reference to Article 21, second paragraph, subparagraph d:
The Kingdom of the Netherlands understands that the decision to institute proceedings includes the conditional decision not to prosecute, in so far as the conditions imposed have been met;
3. with reference to Article 43, fourth paragraph:
With regard to its relations with Belgium and Luxembourg concerning the transfer of proceedings in criminal matters, the Kingdom of the Netherlands will not apply the above-mentioned Convention, but the Treaty between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands on the Transfer of Proceedings in Criminal Matters, signed at Brussels on 11 May 1974.

03-01-1986

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.
As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.
Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.
List of Conventions referred to by the Declaration
...
73 European Convention on the Transfer of Proceedings in Criminal Matters (1972)

29-08-1990

Article 42, paragraph 1
The Kingdom of the Netherlands designates the following legal provisions for inclusion in Appendix III to the Convention in the Netherlands : any unlawful behaviour to which the Traffic Regulations (Administrative Enforcement) Act (Wet administratiefrechtelijke handhaving verkeersvoorschriften) of 3 July 1989 (Bulletin of Acts, Orders and Decrees, 300) is applicable.

Noord-Macedonië

29-11-2004

In accordance with Article 18, paragraph 2, of the Convention, the Republic of Macedonia declares that requests and any other documents related to them which are not drawn up in one of the official languages of the Council of Europe shall be accompanied by a translation into the English or French language.

Oekraïne

16-10-2015

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

11-07-2019

Ukraine declares that the Ministry of Justice of Ukraine (in case of requests by courts), the Prosecutor-General’s Office of Ukraine (in case of requests by bodies of pre-trial investigation) and starting from 25 January 2015 the National Anti-corruption Bureau of Ukraine (in case of requests at the pre-trial investigation of criminal offences, within its competence, see details at https://nabu.gov.ua/en/competence) shall be the authorities to which reference is made in Article 13, paragraph 1, of the Convention.

19-04-2022

The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.

07-12-2023

[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text

Russische Federatie

26-06-2008

Reservations
The Russian Federation, in accordance with paragraph (g) of Appendix I to the Convention, reserves the right not to apply Articles 30 and 31 of the Convention in respect of an act for which the sanctions, in accordance with the law of another Contracting State, can be imposed only by an administrative authority.

The Russian Federation declares, in accordance with paragraph (h) of Appendix I to the Convention, that it will apply Part V of the Convention to the extent that this does not conflict with the principle of inadmissibility of a double conviction for the same crime.

Declarations
The Russian Federation proceeds from the understanding that the provisions of Article 8 of the Convention will be applied with due regard to the terminology used in the criminal procedure legislation of the Russian Federation in respect of suspected and accused persons.

The Russian Federation proceeds from the understanding that the provisions of Article 11 of the Convention and paragraph (a) of Appendix I to the Convention must be applied so as to ensure the inevitability of responsibility for commitment of the offences under the Convention.

The Russian Federation declares in accordance with Article 13, paragraph 3, of the Convention that as regards the transfer of proceedings in criminal matters the Prosecutor General's Office of the Russian Federation communicates with the designated authorities of Contracting States.

The Russian Federation declares in accordance with Article 18, paragraph 2, of the Convention that requests sent to the Russian Federation for transfer of proceedings in criminal matters, and supporting documents must be accompanied by translation into the Russian language.

The Russian Federation proceeds from the fact that Russian Federation legislation does not contain the notion "offence of a political nature" as used in Article 11, paragraph (d) and Article 30, paragraph 1 of the Convention. In all cases when deciding on the transfer of proceedings in criminal matters the Russian Federation on the basis of reciprocity with the requesting State will not regard as offences of a political nature, inter alia, the following acts:

(a) crimes against humanity specified in Articles II and III of the Convention on the Prevention and Punishment of the Crime of Genocide, of 9 December 1948, in Articles II and III of the International Convention on the Suppression and Punishment of the Crime of Apartheid, of 30 November 1973, and in Articles 1 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, of 10 December 1984;

(b) crimes specified in Article 50 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, of 12 August 1949, in Article 51 of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, of 12 August 1949, in Article 130 of the Geneva Convention Relative to the Treatment of Prisoners of War, of 12 August 1949, in Article 147 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in Article 85 of Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977, and in Articles 1 and 4 of Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), of 8 June 1977;

(c) offences specified in the Convention for the Suppression of Unlawful Seizure of Aircraft, of 16 December 1970, in the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, of 23 September 1971, and in the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, of 24 February 1988, supplementary to the Convention for the Suppression of Unlawful Acts against the safety of Civil Aviation, of 23 September 1971;

(d) crimes specified in the Convention for the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 14 December 1973;

(e) crimes specified in the European Convention on the Suppression of Terrorism, of 27 January 1977;

(f) crimes specified in the International Convention against the Taking of Hostages, of 17 December 1979;

(g) offences specified in the Convention on the Physical Protection of Nuclear Material, of 3 March 1980;

(h) crimes specified in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, of 10 March 1988, and its Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, of 10 March 1988;

(i) offences specified in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, of 20 December 1988;

(j) crimes specified in the Convention on the Safety of United Nations and Associated Personnel, of 9 December 1994;

(k) crimes specified in the International Convention against Bomb Terrorism, of 15 December 1997;

(l) crimes specified in the International Convention for the Suppression of the Financing of Terrorism, of 9 December 1999;

(m) offences specified in the United Nations Convention against Transnational Organized Crimes, of 15 November 2000, and in its supplementary Protocols: the Protocol against the Smuggling of Migrants by Land, Sea and Air; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;

(n) other comparable crimes specified in multilateral international treaties to which the Russian Federation is a Party.

Slowakije

28-07-2006

Pursuant to Article 13 of the Convention, the Slovak Republic declares that,
- Requests for transfer of criminal proceedings shall be addressed to the General Prosecutor's Office of the Slovak Republic.
- The Ministry of Justice of the Slovak Republic is the competent authority to transmit abroad requests for transfer of criminal proceedings.
This declaration replaces the previous declaration made by the Czech and Slovak Federal Republic at the time of signature of the Convention, on 13 February 1992, confirmed in a Note verbale dated 15 April 1992, and confirmed in a letter from the Minister of Foreign Affairs of the Slovak Republic dated 6 April 1994.

Tsjechië

06-10-2014

The declaration made by the Czech Republic related to Article 13 of the Convention, registered at the Secretariat General on 16 March 1994, is amended as follows:
Requests of the Czech Republic referred to in the European Convention on the Transfer of Proceedings in Criminal Matters shall be sent by the Supreme Prosecutor's Office of the Czech Republic before the case is brought to a court; other requests shall be sent by the Ministry of Justice of the Czech Republic.
Requests of other contracting States referred to in the European Convention on the Transfer of Proceedings in Criminal Matters shall be sent to the Supreme Prosecutor's Office of the Czech Republic.