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Last Revised:
 22 September, 1999

Model Treaty on the Transfer of Proceedings in Criminal Matters
Articles: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15]

Adopted by the General Assembly as resolution 45/118
on the recommendation of the Eighth Congress

ARTICLE 1

Scope of application

1. When a person is suspected of having committed an offense under the law of a State which is a Contracting Party, the State may request another State which is a Contracting Party to take proceedings in respect of this offence.
2. The Contracting Parties shall take necessary legislative measures to ensure the necessary jurisdictions upon a request to take proceedings.

ARTICLE 2

Channels of communications

A request to take proceedings shall be made in writing. The request, supporting documents and subsequent communications shall be transmitted through diplomatic channels, directly between the ministries of justice orany other designated authorities.

ARTICLE 3

Required documents

1. The request shall contain or be accompanied by the followinginformation:
   a) The authority presenting the request;
   b) A description of the act for which transfer of proceedings is beingrequested, including time and place of the offence;
   c) A statement on the results of investigations substantiatingsuspicion of an offence;
   d) The legal provisions by which the act is considered an offence;
   e) A statement on the identity, nationality and residence of thesuspected person.
2. The documents shall be accompanied by a translation into thelanguage of the Requested State or into another language acceptable to thatState.

ARTICLE 4

Certification and authentication

A request to take proceedings shall not require certification orauthentication.

ARTICLE 5

Decision on the request

The competent authorities of the Requested State shall examine whataction to take on the request and shall promptly communicate theirdecision.

ARTICLE 6

Dual criminality

A request to take proceedings can be complied with only if the act on which the request is based would be an offense if committed in the territory of the Requested State.

ARTICLE 7

Grounds for refusal

The Requested State shall communicate reasons for refusal of a request to take proceedings. Acceptance may be refused if:

a) The suspected person is not a national of or ordinary resident inthe Requested State;
b) The act is an offence under military law, and not also an offense under ordinary criminal law;
c) The offense is in connection with taxes, duties, customs or exchange;
d) The offense is regarded by the Requested State as being of apolitical nature.

ARTICLE 8

The position of the suspected person

1. The suspected person may express to either State his or her interest in the transfer of the proceedings. Such interest may also be expressed by the legal representative or close relatives of the suspected person.
2. Before a request for transfer of proceedings is made, the Requesting State shall, if practicable, allow the suspected person to present his or her views on the alleged offense and the intended transfer.

ARTICLE 9

The rights of the victim

The rights of the victim of the offense, in particular his or her right to restitution or compensation, are not to be affected as a result of the transfer. If a settlement of the victim's claim has not been reached before the transfer, the Requested State shall permit representation of the claim in the transferred proceedings, if its law provides for such a possibility. In the event of the death of the victim, these provisions shall apply to his or her dependents accordingly.

ARTICLE 10

Effects of the transfer of proceedings on the Requesting State

Upon acceptance by the Requested State of the request to take proceedings against the suspected person, the Requesting State shall provisionally discontinue prosecution, except necessary investigation, including judicial assistance to the Requested State, until informed that the case has finally been disposed of. From that date on, the Requesting State shall definitely refrain from further prosecution of the same offense.

ARTICLE 11

Effects of the transfer of proceedings on the Requested State

1. The proceedings shall be governed by the law of the Requested State. When charging the suspected person under its law, the Requested State shall make the necessary adjustment with respect to particular elements in the legal description of the offense.
2. As far as compatible with the law of the Requested State, any act performed in the Requesting State shall have the same validity in the Requested State.
3. The Requested State shall inform the Requesting State of the decision taken as a result of the proceedings.

ARTICLE 12

Provisional measures

When the Requesting State requests transfer of proceedings, the Requested State may apply all provisional measures, including provisional detention and seizure, as could be applied under its own law if the offense had been committed in its territory.

ARTICLE 13

The plurality of criminal proceedings

When criminal proceedings are pending in two or more States against the same suspected person for the same offense, the States shall conduct consultations to decide which of them should continue the proceedings.

ARTICLE 14

Costs

Any costs incurred by a Contracting Party because of a transfer of proceedings shall not be refunded, unless otherwise agreed by both the Requesting and Requested States.

ARTICLE 15

Final provisions

1. This Treaty is subject to (ratification, acceptance or approval).
2. This Treaty shall enter into force on the thirtieth day after the instruments of ratification are exchanged.
3. This Treaty shall apply to requests made after its entry into force, even if the relevant acts or omissions occurred prior to that date.
4. Either Contracting Party may denounce this Treaty by giving notice in writing to the other Party. Such denunciation shall take effect six months following the date on which notice is received by the other Party.

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