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613
Kanunları ve Tercümeleri
Section 9
(1)Extradition of the person claimed shall not be granted for an offence in respect of which:
(a) criminal proceedings are pending against him in the Netherlands at the time a de-
cision on the request for extradition is being made;
(b) he has been prosecuted in the Netherlands, if renewed prosecution is precluded on
the grounds of article 255, paras. 1 and 2, of the Code of Criminal Procedure;
(c) he has been acquitted or the charges against him have been dismissed by final
judgment of a Dutch court or another court has made a similar irrevocable decision in his respect;
(d) he has been convicted by final judgment of a court in cases in which:
1.the sentence or order imposed has already been served, or
2.such sentence or order is not capable of immediate enforcement or further enforcement, or
3.the conviction entails a finding of guilt without imposing a penalty or non punitive order, or
4.the final judgment originates from a Dutch court and the power of extradition is not reser-
ved by treaty in such a case;
(e) prosecution or, if extradition has been requested in order to enforce a penalty or
non punitive order, punishment has been barred by lapse of time under Dutch law.
(2) An exception shall be made to the opening words and (a) of the preceding subsection in
cases in which Our Minister in deciding to grant the request for extradition at the same time or-
ders that the prosecution be terminated.
(3) An exception shall be made to the opening words and (b) of subsection 1 in cases in which
the prosecution in the Netherlands has been terminated either because the criminal law of the
Netherlands has proved to be inapplicable by reason of articles 2 8 of the Criminal Code or beca-
use preference has been given to trial abroad.
Section 10
(1) Extradition shall not be granted in cases in which in Our Minister’s opinion there are good
grounds for believing that if the request were to be granted the person claimed would be prose-
cuted, punished or otherwise harmed on account of his religious or political convictions, nationa-
lity or race or of the population group to which he belongs.
(2) Extradition shall not be granted in cases in which Our Minister’s opinion its consequences
would cause exceptional hardship to the person claimed on account of his youth, old age or ill
health.
Section 11
(1) Extradition shall not be granted for offences of a political nature, including offences con-