ETS 185 – Cybercrime (Convention), 23.XI.2001
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d
by one of its nationals, if the offence is punishable under criminal law where it was
committed or if the offence is committed outside the territorial jurisdiction of any State.
2
Each Party may reserve the right not to apply or to apply only in specific cases or conditions
the jurisdiction rules laid down in paragraphs 1.b through 1.d of this article or any part thereof.
3
Each Party shall adopt such measures as may be necessary to establish jurisdiction over the
offences referred to in Article 24, paragraph 1, of this Convention, in cases where an alleged
offender is present in its territory and it does not extradite him or her to another Party, solely
on the basis of his or her nationality, after a request for extradition.
4
This Convention does not exclude any criminal jurisdiction exercised by a Party in accordance
with its domestic law.
5
When more than one Party claims jurisdiction over an alleged offence established in
accordance with this Convention, the Parties involved shall, where appropriate, consult with a
view to determining the most appropriate jurisdiction for prosecution.
Chapter III – International co-operation
Section 1 – General principles
Title 1 – General principles relating to international co-operation
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 international cooperation 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.
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 extradition treaty, it may
consider this Convention as the legal basis for extradition with respect to any criminal offence
referred to in paragraph 1 of this article.
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