Section 83p. 83

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

ARTICLE 4

To the extent permitted by domestic law, intentional

participation in the acts referred to in articles 1 and 2

above shall also be punishable.

To

the

extent

permitted

by

domestic

law,

acts

of

participation

shall

be

treated

as

separate

offences

whenever this is necessary to prevent impunity.

ARTICLE 5

In

cases

where

injured

persons

are

entitled

under

domestic law to be parties to proceedings in respect of

any of the offences referred to in the present Convention,

aliens shall be so entitled upon the same terms as

nationals.

ARTICLE 6

Each Party to the present Convention agrees to take all

the necessary measures to repeal or abolish any existing

law, regulation or administrative provision by virtue of

which

persons who engage in or are suspected of

engaging in prostitution are subject either to special

registration or to the possession of a special document or

to

any

exceptional

requirements

for

supervision

or

notification.

ARTICLE 7

Previous convictions pronounced in foreign States for

offences referred to in the Convention shall, to the extent

permitted by domestic law, be taken into account for the

purpose of:

1. Establishing recidivism;

2. Disqualifying the offender from the exercise of civil

rights.

ARTICLE 8

The offences referred to in articles 1 and 2 of the present

Convention shall be regarded as extraditable offences in

any extradition treaty which has been or may hereafter be

concluded between any of the Parties to this Convention.

The Parties to the present Convention which do not make

extradition conditional on the existence of a treaty shall

henceforward

recognize

the

offences

referred

to

in

articles 1 and 2 of the present Convention as cases for

extradition between themselves.

Extradition shall be granted in accordance with the law of

the State to which the request is made.

ARTICLE 9

In

States

where

the

extradition

of

nationals is not

permitted by law, nationals who have returned to their

own State after the commission abroad of any of the

offences referred to in articles 1 and 2 of the present

Convention shall be prosecuted in and punished by the

courts of their own State.

This provision shall not apply if, in a similar case between

the Parties to the present Convention, the extradition of

an alien cannot be granted.

ARTICLE 10

The provisions of article 9 shall not apply when the person

charged with the offence has been tried in a foreign State

and, if convicted, has served his sentence of had it

remitted or reduced in conformity with the laws of that

foreign State.

ARTICLE 11

Nothing in the present Convention shall be interpreted as

determining the attitude of a Party towards the general

question

of the limits of criminal jurisdiction under

international law.

ARTICLE 12

The present Convention does not affect the principle that

the offences to it refers shall in each State be defined,

prosecuted and punished in conformity with its domestic

law.

ARTICLE 13

The Parties to the present Convention shall be bound to

execute letters of request relating to offenses referred to

in the Convention in accordance with their domestic law

and practice.

The transmission of letters of request shall be effected:

1.

By

direct

communication

between

the

judicial

authorities; or

2. By direct communication between the Ministers of

Justice of the two States, or by direct communication

from another competent authority of the State making

the request to the Minister of Justice of the State to which

the request is made; or

3. Through the diplomatic or consular representative of

the State-making the request in the State to which the

request is made; this representative shall send the letters

of request direct to the competent judicial authority or to

the authority indicated by the Government of the State to

which the request is made, and shall receive direct from

such authority the papers constituting the execution of

the letters of request.

In cases 1 and 3 a copy of the letters of request shall

always be sent to the superior authority of the State to

which application is made.

Unless otherwise agreed, the letters of request shall be

drawn up in the language of the authority making the

request, provided always that the State to which the

request is made may require a translation in its own

language, certified correct by the authority making the

request.

Each Party to the present Convention shall notify to each

of the other Parties to the Convention the method or

methods of transmission mentioned above which it will

recognize for the letters of request of the latter State.

Until such notification is made by a State, its existing

procedure in regard to letters of request shall remain in

force.

Execution of letters of request shall not give rise to a claim

from reimbursement of charges or expenses of any

nature whatever other than expenses of experts.

Nothing in the present article shall be construed as an

undertaking on the part of the Parties to the present

Convention to adopt in criminal matters any form or

methods of proof contrary to their own domestic laws.

ARTICLE 14

Each Party to the present Convention shall establish or

maintain a service charged with the co-ordination and

centralization

of

the

results

of

the

investigation

of

offences referred to in the present Convention.

Such services should compile all information calculated

to

facilitate

the

prevention

and

punishment of the

offences referred to in the present Convention and should

be in close contact with the corresponding services in

other States.

ARTICLE 15

To the extent permitted by domestic law and to the

extent

to

which

the

authorities

responsible for the

services referred to in Article 14 may judge desirable, they

shall

furnish

to

the

authorities

responsible

for

the

corresponding services in other States the following

information:

1. Particulars of any offense referred to in the present

Convention or any attempt to commit such offense;

2. Particulars of any search for and any prosecution, arrest,

conviction, refusal of admission or expulsion of persons

guilty of any of the offenses referred to in the present

Convention, the movements of such persons and any

other useful information with regard to them.

© Compiled by RGL

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