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612
Uluslararası Adli İşbirliği
if he is sentenced to a non suspended custodial sentence in the requesting state for offences for
which his extradition may be permitted he will be allowed to service this sentence in the Nether-
lands.
Section 5
(1) Extradition may be granted only for the purpose of:
(a) a criminal investigation instituted by the authorities of the requesting state because
of a suspicion that the person claimed is guilty of an offence for which a custodial sentence of one
year or more may be imposed under the law of both the requesting state and the Netherlands
(b) enforcing a custodial sentence of four months or more to be served by the person
claimed in the territory of the requesting state for an offence as referred to under (a).
(2) For the purposes of the preceding subsection, an offence punishable under the law of the
Netherlands shall be taken to include an offence violating the legal order of the requesting state
if the same violation of the Dutch legal order is punishable under the law of the Netherlands.
(3)If, in the case of subsection 1 (b), the judgment imposing the custodial sentence was given
in absentia, extradition shall be allowed only if the person claimed has had or will still be given an
adequate opportunity to defend himself.
Section 6
The minimum periods of one year and of four months laid down in section 5 shall not apply
to extradition to Belgium or Luxembourg.
Section 7
For the purpose of this Act:
(a) non punitive measures depriving a person of his liberty imposed by the Court in addition
to or instead of a penalty shall be equated with custodial sentences;
(b) custodial sentences (including non punitive measures as referred to under (a)) for life or for
an indefinite period shall be equated with custodial sentences of more than one year.
Section 8
If the offence in respect of which extradition is requested carries the death penalty under the
law of the requesting state, the person claimed shall not be extradited unless in Our Minister’s
opinion there is an adequate guarantee that this penalty, if imposed, will not be carried out.