Page 626 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
nected therewith.
(2) An attempt on the life or liberty of a Head of State or a member of the reigning House shall
not be regarded as an offence of a political nature within the meaning of the provisions of the
preceding subsection.
(3) The first subsection shall not apply to extradition for one of the offences described in artic-
le 1 of the European Convention on the Suppression of Terrorism to a state which is obliged in a
corresponding case not to refuse extradition to the Netherlands on account of the political nature
of the offence.
(4) Offences under military lawwhich are not also indictable offences under the general crimi-
nal law of the Netherlands, and fiscal offences, shall not constitute grounds for extradition unless
specifically provided for by treaty.
(5) The provisions of the preceding subsection relating to offences under military law shall not
apply to extradition to Belgium or Luxembourg.
Section 12
(1) Extradition shall not be granted except on the general condition that the person claimed
will not be prosecuted, punished or restricted in his personal freedom in any other way in respect
of offences committed before the time of his extradition and for which he has not been extradi-
ted, except with the explicit consent of Our Minister.
(2) Our Minister may give the consent referred to in the preceding subsection with respect to:
(a) offences for which the person claimed could have been extradited to the state requ-
esting consent by virtue of the applicable treaty;
(b) other offences, in so far as these are punishable both under the law of the state re-
questing consent and under that of the Netherlands and the possibility of extradition in respect
thereof is not precluded by sections 8 11 of this Act.
(3) Furthermore, extradition shall not granted except on the general condition that the person
claimed will not, without the explicit consent of Our Minister, be delivered to the authorities of a
third state in respect of offences committed before the time of his extradition. Such consent may
be given as regards offences for which the person claimed could have been extradited by the
Netherlands to the third state.
(4) The decision of Our Minister regarding a request for consent as referred to in subsections