5 when more than one party claims jurisdiction over

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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.
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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
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  • Spring '12
  • Kushal Kanwar
  • Law, .........

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