Page 644 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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632
Uluslararası Adli İşbirliği
(2) Section 7 of the Act relating to surrender in respect of war crimes shall read:
Sections 9, 10, 12 17, 20 40, 46, 47 and 51 60 of the Extradition Act shall apply mutatis mu-
tandis, except that the provisional arrest of a person may also be ordered in cases in which this
possibility is not provided for by treaty.
Section 62
(1) The Act of 6 April 1875 regulating the general conditions on which treaties may be made
with foreign Powers for the extradition of aliens shall be repealed.
(2) The Act referred to in the preceding subsection shall continue to apply to the procedure for
dealing with a request for extradition and to the decisions to be taken in connection therewith in
cases in which the documents relating to such requests had already been sent to the district court
for its recommendations prior to the entry into force of this Act.
(3) Sections 16, subsections 2 and 3, and 17 of the repealed Act shall continue to apply to the
procedure for dealing with a petition as referred to in section 16, subsection 1, of that Act, and to
any decision to be taken in respect thereof by the Supreme Court (Hoge Raad), in cases in which
the petition had already reached the Supreme Court prior to the entry into force of this Act.
(4) If the Supreme Court holds that the petitioner is a national of the Netherlands, any pro-
cedure set in motion by the district court to deal with a request for his extradition in accordance
with this Act shall be discontinued forthwith.
(5) An alien who at the date this Act comes into force has been detained in pursuance of a
warrant issued under sections 9 or 12 of the repealed Act shall if the documents relating to the
request for his extradition have not been sent to the district court at that time thereafter be re-
garded and treated as a person remanded in custody by order or held in police detention under
section 22 or section 21, subsection 3 of this Act as the case may be.
Section 63
This Act may be cited as the Extradition Act.
Article 4.
(2) Subsection 1 shall not apply if the extradition of a Dutch national is requested for a crimi-
nal investigation concerning him and in Our Minister’s opinion there is an adequate guarantee
that 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 serve this sentence in the Net-
herlands.