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EXPLANATORY REPORT ON THE EUROPEAN CONVENTION ON THE TRANSFER OF PROCEEDINGS IN CRIMINAL MATTERS

NCJ Number
9075
Author(s)
ANON
Date Published
1972
Length
83 pages
Annotation
COMMENTARY ON THE INDIVIDUAL ARTICLES IN A TREATY WHICH ESTABLISHES PROCEDURES FOR SETTLING CONFLICTS OF JURISDICTION OVER CRIMINAL MATTERS AMONG EUROPEAN STATES.
Abstract
INTERNATIONAL LAW RECOGNIZES MANY SOURCES OF STATE JURISDICTION IN CRIMINAL MATTERS. FOR EXAMPLE, STATES ACQUIRE JURISDICTION BY BEING THE TERRITORY WHERE THE OFFENSE WAS COMMITTED OR BY EXERCISING SOVEREIGNTY OVER THEIR NATIONALS REGARDLESS OF THE PLACE OF OFFENSE. THIS TREATY IS DESIGNED TO AVOID JURISDICTIONAL CONFLICTS BY ESTABLISHING PROCEDURES FOR DETERMINING COMPETENCE BETWEEN SEVERAL STATES TO PROSECUTE AND BY ARRANGING FOR THE TRANSFER OF PROCEEDINGS FROM ONE STATE TO ANOTHER BEFORE JUDGMENT IS RENDERED. SEVERAL ARTICLES PROVIDE SAFEGUARDS AGAINST MULTIPLE CONVICTIONS OR SENTENCES FOR THE SAME ACT. A TEXT OF THE CONVENTION IS INCLUDED TO FACILITATE UNDERSTANDING OF THE EXPLANATORY COMMENTS.

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