'Rule of speciality' in document 'Azerbaijan - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS

Article 498. Limits on the prosecution of an extradited person

498.1. A person who has been extradited without the consent of the prosecuting authority of the Azerbaijan Republic which received the request may not be charged with or punished for an offence committed before he was extradited, but for which he was not extradited.

498.2. Without the consent of the prosecuting authority of the Azerbaijan Republic which received the request, a person may not be extradited to a third state.

498.3. If, within 1 (one) month of the end of the criminal proceedings or, in the event of a conviction, within 1 (one) month of completing his sentence or being released from punishment, the person who has been extradited fails to leave the territory of the requesting foreign state or returns there voluntarily, the consent of the prosecuting authority of the Azerbaijan Republic which received the request shall not be required. The period during which the extradited person was unable to leave the territory of the requesting foreign state through no fault of his own shall not be included in the above-mentioned period.

RELEVANT ROME STATUTE PROVISIONS

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.