A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

5 when more than one party claims jurisdiction over

Info icon This preview shows pages 42–44. Sign up to view the full content.

5. When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, con- sult with a view to determining the most appropriate jurisdiction for prosecution. Article 23 – General principles relating to international co-operation The Parties shall co-operate with each other, in accordance with the provisions of this chapter, and through the application of relevant international instruments on interna- tional co-operation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence.
Image of page 42

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

34 Title 2 – Principles relating to extradition Article 24 – Extradition 1. a. This article applies to extradition between Parties for the criminal offences established in accordance with Articles 2 through 11 of this Convention, provided that they are punishable under the laws of both Parties concerned by deprivation of liberty for a maximum period of at least one year, or by a more severe penalty. b. Where a different minimum penalty is to be applied under an arrangement agreed on the basis of uniform or reciprocal legislation or an extradition treaty, including the European Convention on Extradition (ETS No. 24), applicable between two or more parties, the minimum penalty provided for under such arrangement or treaty shall apply. 2. The criminal offences described in paragraph 1 of this article shall be deemed to be included as extraditable offences in any extradition treaty existing between or among the Parties. The Parties undertake to include such offences as extraditable offences in any extradition treaty to be concluded between or among them. 3. If a Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it does not have an extradi- tion treaty, it may consider this Convention as the legal basis for extradition with re- spect to any criminal offence referred to in paragraph 1 of this article. 4. Parties that do not make extradition conditional on the existence of a treaty shall recognise the criminal offences referred to in paragraph 1 of this article as extradit- able offences between themselves. 5. Extradition shall be subject to the conditions provided for by the law of the re- quested Party or by applicable extradition treaties, including the grounds on which the requested Party may refuse extradition. 6. If extradition for a criminal offence referred to in paragraph 1 of this article is re- fused solely on the basis of the nationality of the person sought, or because the re- quested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case at the request of the requesting Party to its competent authori- ties for the purpose of prosecution and shall report the final outcome to the request- ing Party in due course. Those authorities shall take their decision and conduct their
Image of page 43
Image of page 44
This is the end of the preview. Sign up to access the rest of the document.
  • Spring '12
  • Kushal Kanwar
  • Law, .........

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern