Riserve e dichiarazioni per trattato n°073 - Convenzione europea sul trasferimento delle procedure penali

Natura della dichiarazione : Dichiarazioni, Denunce, Deroghe
Situazione in data del 20/10/2019

Federazione Russa

Declaration contained in the instrument of ratification deposited on 26 June 2008 - Or. Engl.

The Russian Federation proceeds from the understanding that the provisions of Article 8 of the Convention will be applied with due regard to the terminology used in the criminal procedure legislation of the Russian Federation in respect of suspected and accused persons.
Periodo di efficacia: 27/09/2008 -
Articoli in questione : 8

Declaration contained in the instrument of ratification deposited on 26 June 2008 - Or. Engl.

The Russian Federation proceeds from the understanding that the provisions of Article 11 of the Convention and paragraph (a) of Appendix I to the Convention must be applied so as to ensure the inevitability of responsibility for commitment of the offences under the Convention.
Periodo di efficacia: 27/09/2008 -
Articoli in questione : 11

Declaration contained in the instrument of ratification deposited on 26 June 2008 - Or. Engl.

The Russian Federation declares in accordance with Article 18, paragraph 2, of the Convention that requests sent to the Russian Federation for transfer of proceedings in criminal matters, and supporting documents must be accompanied by translation into the Russian language.
Periodo di efficacia: 27/09/2008 -
Articoli in questione : 18

Declaration contained in the instrument of ratification deposited on 26 June 2008 - Or. Engl.

The Russian Federation proceeds from the fact that Russian Federation legislation does not contain the notion “offence of a political nature” as used in Article 11, paragraph (d) and Article 30, paragraph 1 of the Convention. In all cases when deciding on the transfer of proceedings in criminal matters the Russian Federation on the basis of reciprocity with the requesting State will not regard as offences of a political nature, inter alia, the following acts:

(a) crimes against humanity specified in Articles II and III of the Convention on the Prevention and Punishment of the Crime of Genocide, of 9 December 1948, in Articles II and III of the International Convention on the Suppression and Punishment of the Crime of Apartheid, of 30 November 1973, and in Articles 1 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, of 10 December 1984;

(b) crimes specified in Article 50 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, of 12 August 1949, in Article 51 of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, of 12 August 1949, in Article 130 of the Geneva Convention Relative to the Treatment of Prisoners of War, of 12 August 1949, in Article 147 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in Article 85 of Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977, and in Articles 1 and 4 of Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), of 8 June 1977;

(c) offences specified in the Convention for the Suppression of Unlawful Seizure of Aircraft, of 16 December 1970, in the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, of 23 September 1971, and in the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, of 24 February 1988, supplementary to the Convention for the Suppression of Unlawful Acts against the safety of Civil Aviation, of 23 September 1971;

(d) crimes specified in the Convention for the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 14 December 1973;

(e) crimes specified in the European Convention on the Suppression of Terrorism, of 27 January 1977;

(f) crimes specified in the International Convention against the Taking of Hostages, of 17 December 1979;

(g) offences specified in the Convention on the Physical Protection of Nuclear Material, of 3 March 1980;

(h) crimes specified in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, of 10 March 1988, and its Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, of 10 March 1988;

(i) offences specified in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, of 20 December 1988;

(j) crimes specified in the Convention on the Safety of United Nations and Associated Personnel, of 9 December 1994;

(k) crimes specified in the International Convention against Bomb Terrorism, of 15 December 1997;

(l) crimes specified in the International Convention for the Suppression of the Financing of Terrorism, of 9 December 1999;

(m) offences specified in the United Nations Convention against Transnational Organized Crimes, of 15 November 2000, and in its supplementary Protocols: the Protocol against the Smuggling of Migrants by Land, Sea and Air; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;

(n) other comparable crimes specified in multilateral international treaties to which the Russian Federation is a Party.
Periodo di efficacia: 27/09/2008 -
Articoli in questione : 11, 30


Fonte: Ufficio dei Trattati, http://conventions.coe.int - * Disclaimer.