NCJ Number
5138
Date Published
1968
Length
164 pages
Annotation
RESEARCH PAPERS PREPARED FOR THE COUNCIL OF EUROPE ON THE POSSIBILITY OF DRAFTING A CONVENTION REGULATING THE ENFORCEMENT OF FOREIGN JUDGMENTS BY THE MEMBER STATES.
Abstract
HISTORICALLY, ALMOST ALL EUROPEAN COUNTRIES REFUSED TO CARRY OUT JUDGMENTS PASSED ABROAD. SEVERAL QUESTIONS WHICH COULD BE INCORPORATED INTO AN INTERNATIONAL AGREEMENT WERE DISCUSSED BY THE RESEARCH COMMITTEE, AMONG THEM THE DOUBLE JEOPARDY FORCE OF A JUDGMENT PRONOUNCED ABROAD, CONSIDERATION OF FOREIGN CONVICTIONS IN DETERMINING SEVERITY OF SENTENCE, AND DECISIONS AS TO ACCESSORY PENALTIES (LOSS OF CIVIL RIGHTS, RIGHT TO ENGAGE IN A PROFESSION). PARTICULAR PROBLEMS WHICH COULD RISE IN THE ENFORCEMENT OF AN INTERNATIONAL CONVENTION WERE THE SUBJECT OF INDIVIDUAL RESEARCH PAPERS. THE ROLE OF SENTENCES PASSED IN THE ABSENCE OF THE ACCUSED IS ANALYZED AND SEVERAL SOLUTIONS ARE OFFERED TO THIS PROBLEM. STATUTES OF LIMITATION ON CRIMINAL SENTENCES AND PROSECUTIONS ARE CONSIDERED IN RELATION TO THE APPLICATION OF FOREIGN CRIMINAL JUDGMENTS. THE IDEAS ADVOCATED IN THESE REPORTS WERE NOT ALL GENERALLY ACCEPTED FOR THE DRAFT CONVENTION BUT ARE CONSIDERED AN INTERESTING CONTRIBUTION TO INTERNATIONAL LAW.