Spans in 'Cambodia - Criminal Procedure' tagged with 'Rule of speciality'

'Rule of speciality' in document 'Cambodia - Criminal Procedure'

Jump to:

More information about the keyword 'Rule of speciality'
More information about the document 'Cambodia - Criminal Procedure'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 2 – CONDITIONS OF EXTRADITION

Article 577. Conditions of Extradition in relation to the Request

An extradition shall be possible only if the requesting state promises not to make any other charge other
than that specified in the extradition request and when such offense was committed before the arrest of the wanted person.

However, the charge may be made if there is an approval from the Kingdom of Cambodia.

In this case, the requesting state shall make an additional request to the Cambodian authorities.

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.