Jun 15, 2005 07:11
18 yrs ago
5 viewers *
German term
Spezialitätsvorbehalt
German to English
Law/Patents
Law (general)
extradition
Die Auslieferung sei nur mit einem Spezialitätsvorbehalt zu bewilligen, wonach der Beschwerdeführer nicht wegen Landesverrats oder wegen des qualifizierten Tatbestands von Art. 19 Abs. 2 Nr. 2c KWKG bestraft werden darf.
Proposed translations
(English)
4 +1 | restriction on the use of information or evidence | Victor Dewsbery |
3 | with the specific proviso | Olav Rixen |
Proposed translations
+1
42 mins
German term (edited):
Spezialit�tsvorbehalt
Selected
restriction on the use of information or evidence
... gained extradition proceedings.
It seems to be part of Swiss law. If Germany applies for extradition of a suspect for a particular crime, Switzerland can agree to deport the person, but on condition that the information gained during the extradiction proceedings cannot be used to prosecute any other crime.
So if the extradiction is for prosecution in a criminal court, the evidence cannot be used to prosecute the suspect for tax evasion or similar.
See http://www.strafo.de/archivver/aufsatzkaligin.htm (and other Google hits).
The Oxford Dic of Law says:
"(extradition treaties between states)... invariably contain the following three features:
(1) (prima facie evidence of guilt) (2) (no political offenders)
(3) no surrender will be made unless adequat e assurances are given that the accused will not on that occasion be tried for any offence other than the crime for which he is surrendered"
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Note added at 53 mins (2005-06-15 08:04:44 GMT)
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The person pursued may be extradited only on condition that the requesting State:
a. shall neither prosecute nor sentence nor re-extradite hint to a third State for any offence committed prior to his extradition and for which extradition was not granted;
b. shall not deprive him of his liberty on any other pre-existing ground;
c. shall not bring him before an extraordinary court;
from the Swiss FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS (IMAC) at:
http://www.unodc.org/unodc/en/legal_library/ch/legal_library...
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Note added at 1 hr 17 mins (2005-06-15 08:29:04 GMT)
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To sum up what I gather from Google:
Spezialitätsvorbehalt = the requirement that any prosecution which takes place as a direct result of the extradition may only be for the offence stipulated in the application for extradition, and that any evidence gained in the extradition proceedings may not be used to prosecute other offences.
So for your sentence quoted in the question:
\"extradition (would/could/may?) only be granted subject to a restriction on any resulting prosecution, so that the appellant must not be prosecuted for treason or ...\"
It seems to be part of Swiss law. If Germany applies for extradition of a suspect for a particular crime, Switzerland can agree to deport the person, but on condition that the information gained during the extradiction proceedings cannot be used to prosecute any other crime.
So if the extradiction is for prosecution in a criminal court, the evidence cannot be used to prosecute the suspect for tax evasion or similar.
See http://www.strafo.de/archivver/aufsatzkaligin.htm (and other Google hits).
The Oxford Dic of Law says:
"(extradition treaties between states)... invariably contain the following three features:
(1) (prima facie evidence of guilt) (2) (no political offenders)
(3) no surrender will be made unless adequat e assurances are given that the accused will not on that occasion be tried for any offence other than the crime for which he is surrendered"
--------------------------------------------------
Note added at 53 mins (2005-06-15 08:04:44 GMT)
--------------------------------------------------
The person pursued may be extradited only on condition that the requesting State:
a. shall neither prosecute nor sentence nor re-extradite hint to a third State for any offence committed prior to his extradition and for which extradition was not granted;
b. shall not deprive him of his liberty on any other pre-existing ground;
c. shall not bring him before an extraordinary court;
from the Swiss FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS (IMAC) at:
http://www.unodc.org/unodc/en/legal_library/ch/legal_library...
--------------------------------------------------
Note added at 1 hr 17 mins (2005-06-15 08:29:04 GMT)
--------------------------------------------------
To sum up what I gather from Google:
Spezialitätsvorbehalt = the requirement that any prosecution which takes place as a direct result of the extradition may only be for the offence stipulated in the application for extradition, and that any evidence gained in the extradition proceedings may not be used to prosecute other offences.
So for your sentence quoted in the question:
\"extradition (would/could/may?) only be granted subject to a restriction on any resulting prosecution, so that the appellant must not be prosecuted for treason or ...\"
4 KudoZ points awarded for this answer.
Comment: "That's what I needed - an expert! Thanks"
41 mins
German term (edited):
Spezialit�tsvorbehalt
with the specific proviso
I don't know if 'Spezialität' refers to something else in the text, but it seems to me that what is meant is 'spezieller Vorbehalt'.
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