[No. 50.]
Sch.2
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
Article 6
Cooperation
1. If a fraud as defined in Article 1 constitutes a criminal offence
and concerns at least two Member States, those States shall cooperate effectively in the investigation, the prosecution and in carrying
out the punishment imposed by means, for example, of mutual legal
assistance, extradition, transfer of proceedings or enforcement of
sentences passed in another Member State.
2. Where more than one Member State has jurisdiction and has
the possibility of viable prosecution of an offence based on the same
facts, the Member States involved shall cooperate in deciding which
shall prosecute the offender or offenders with a view to centralizing
the prosecution in a single Member State where possible.
Article 7
Ne bis in idem
1. Member States shall apply in their national criminal laws the
‘ne bis in idem’ rule, under which a person whose trial has been
finally disposed of in a Member State may not be prosecuted in
another Member State in respect of the same facts, provided that if
a penalty was imposed, it has been enforced, is actually in the process
of being enforced or can no longer be enforced under the laws of
the sentencing State.
2. A Member State may, when giving the notification referred to
in Article 11 (2), declare that it shall not be bound by paragraph 1
of this Article in one or more of the following cases:
(a) if the facts which were the subject of the judgement
rendered abroad took place on its own territory either in
whole or in part; in the latter case this exception shall not
apply if those facts took place partly on the territory of
the Member State where the judgement was rendered;
(b) if the facts which were the subject of the judgment rendered
abroad constitute an offence directed against the security
or other equally essential interests of that Member State;
(c) if the facts which were the subject of the judgment rendered
abroad were committed by an official of the Member
State contrary to the duties of his office.
3. The exceptions which may be the subject of a declaration under
paragraph 2 shall not apply if the Member State concerned in respect
of the same facts requested the other Member State to bring the
prosecution or granted extradition of the person concerned.
4. Relevant bilateral or multilateral agreements concluded
between Member States and relevant declarations shall remain unaffected by this Article.
Article 8
Court of Justice
1. Any dispute between Member States on the interpretation or
application of this Convention must in an initial stage be examined
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