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EXPLANATORY REPORT ON THE SECOND ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON EXTRADITION

NCJ Number
51968
Author(s)
ANON
Date Published
1978
Length
20 pages
Annotation
THIS REPORT, PREPARED BY THE EUROPEAN COMMITTEE ON CRIME PROBLEMS, PRESENTS THE TEXT OF THE SECOND ADDITIONAL PROTOCOL TO THE CONVENTION AND COMMENTS ON ITS ARTICLES.
Abstract
ALTHOUGH THIS REPORT DOES NOT PROVIDE AN AUTHORITATIVE INTERPRETATION OF THE SECOND ADDITIONAL PROTOCOL, IT MAY FACILITATE THE UNDERSTANDING OF THE PROTOCOL'S PROVISIONS. THE PROTOCOL WAS PREPARED DURING THREE MEETINGS OF A SUBCOMMITTEE OF THE EUROPEAN COMMITTEE ON CRIME PROBLEMS, WHICH WERE HELD IN SEPTEMBER 1974, APRIL 1975, AND MARCH 1976 TO DISCUSS THE PROBLEMS RELATED TO IMPLEMENTING THE EUROPEAN CONVENTION ON EXTRADITION AND TO DEVISE PROPOSALS AIMED AT IMPROVING ITS FUNCTIONING. PROVISIONS OF THE PROTOCOL RELATE TO THE FOLLOWING TOPICS: (1) THE EXTENSION OF ACCESSORY EXTRADITION TO OFFENSES CARRYING ONLY A PECUNIARY SANCTION; (2) THE EXTENSION OF THE CONVENTION TO FISCAL OFFENSES; (3) JUDGMENTS IN ABSENTIA; (4) AMNESTY; AND (5) THE COMMUNICATION OF REQUESTS FOR EXTRADITION. THE PROVISIONS ON FISCAL OFFENSES AND ON REQUESTS FOR EXTRADITION MODIFY THE EXISTING TEXTS OF THE RELEVANT ARTICLES OF THE CONVENTION, BUT THE PROVISIONS ON ACCESSORY EXTRADITION, ON JUDGMENTS IN ABSENTIA, AND ON AMNESTY COMPLEMENT THE ORIGINAL ARTICLES. (AUTHOR ABSTRACT MODIFIED -- MGB)

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