Examples of using Surrender procedures in English and their translations into Arabic
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In the absence of dual criminality extraditionis possible under the European Arrest Warrant and Surrender Procedures, and for Iceland and Norway.
The European Arrest Warrant provides for simplified surrender procedures between judicial authorities of member States, based upon the principle of mutual recognition of judicial decisions.
The extradition process, in particular, was governed by Council of the European Union frameworkdecision 2002/584/JHA on the European arrest warrant and the surrender procedures between member States.
In conclusion, a prosecutor is always involved in the extradition or surrender procedures and will be informed if a request for extradition or surrender is refused.
(f) States should consider revising their legislation to reform and simplify their procedures with respect to extradition, in particular as regards dual criminality conditions,definition of political offences and the possibility of simplifying surrender procedures;
Extradition is subject to dual criminality with the exception of surrender procedures on the basis of the European Arrest Warrant applied in relation to EU member States.
With regard to other Member States of the European Union, the surrender of fugitives is carried out in line with the European Council Framework Decision of 13June 2002 on the European Arrest Warrant and the surrender procedures between Member States of the European Union.
A substantial departure from that approach was reported with regard to surrender procedures among States members of the European Union based on the European arrest warrant process.
With regard to other Member States of the European Union, the surrender of fugitives is carried out in line with the requirements of the European Council Framework Decision of 13June 2002 on the European Arrest Warrant(EAW) and the surrender procedures between Member States of the European Union.
Reference was also made to the European arrest warrant and the surrender procedures of States members of the European Union based on it as an example of a streamlined regional mechanism for expeditious extradition.
With regard to other Member States of the European Union, the surrender of fugitives is carried out in line with the requirements of the European Council Framework Decision of 13June 2002 on the European Arrest Warrant and the surrender procedures between Member States of the European Union.
The Council had adopted theFramework Decision on the European arrest warrant and surrender procedures between member States on 13 June 2002.6 Consequently, EU member States had until 31 December 2003 to adapt their national legislation, and the European arrest warrant should then enter into force in the Union on 1 January 2004.
It had therefore intensified its cooperation among Member States, but also with other countries and international organizations,as shown by the Framework decision on the European arrest warrant and the surrender procedures between the Member States and the cooperation agreement concluded between the European Police Office and UNODC.
The experts agreed that Member States should consider revising their legislation and, when necessary, should reform and simplify their procedures with respect to extradition, in particular as regards dual criminality(to be interpreted as criminalizing the conduct underlying the offence),definition of political offences and the possibility of simplifying surrender procedures.
Special mention should be made of the treaties between Spain and Italy and between Spain andthe United Kingdom concerning accelerated surrender procedures(which, under the common legal space, would replace extradition) for offences punishable by a penalty of deprivation of liberty for at least 12 months which presupposes, as has been stated, the inclusion of terrorist offences.
In general, Member States should also consider revising their legislation and, when necessary, reform and simplify their procedures with respect to extradition, in particular with respect to dual criminality(to be interpreted as criminalizing the conduct underlying the offence)and the definition of political offences and consider simplifying surrender procedures.
Finally, as the Committee is aware, the framework decision of the EuropeanCouncil concerning a European arrest warrant and surrender procedures between member States, provides for the surrender of any person sought for an offence, including terrorism, under a European arrest warrant and does not require that the offence be characterized as such under the laws of both States.
(e) States should consider revising their legislation and, when necessary, reform and simplify their procedures on extradition, in particular as regards dual criminality(to be interpreted as criminalizing the conduct underlying the offence),the definition of political offences and the possibility of simplifying surrender procedures, without prejudice to the rights of suspected offenders;
Article 16 of Council of the European Union framework decision 2002/584/JHA as amended by 2009/299/JHA,on the European arrest warrant and the surrender procedures between Member States, contains factors to be taken into account both when two or more member States have issued European arrest warrants for the same person and when a conflict arises between a European arrest warrant and a request for extradition presented by a third country.
Finally, they also constitute extraditable offences for non-treaty-based extradition(see section 3(2) IRG), and are covered by German legislation to implement Framework Decision 2002/584/JHA of 13June 2002 on the European arrest warrant and the surrender procedures between Member States of the European Union(section 81 IRG).
The surrender procedure between the Nordic States, based on the Nordic Arrest Warrant, follows a different regime.
The surrender procedure based on the EAW is removed outside the realm of the executive and is placed in the hands of the judiciary.
Reference was made to initiatives taken to streamline and promote mutual legal assistance, law enforcement cooperation and extradition among member States of the European Union, such as the establishment and operation of Eurojust and Europol andthe implementation of the new European arrest warrant surrender procedure.
According to the Act on the Surrender Procedure due to an Arrest Warrant, the prosecuting authorities decide on an arrest warrant, provided that the person sought consents to the surrender.
Lastly, please provide information on the mechanisms and criteria applied in connection with expulsion,return, surrender or extradition procedures to assess the risk of a person being subjected to enforced disappearance(art. 16).
Please provide information on the mechanisms and criteria applied as part of expulsion,return, surrender or extradition procedures in order to assess the risk of a person being subjected to enforced disappearance.
(i) raise public awareness of issues related to the possession and trade of small arms and light weapons by civilians,including procedures for the voluntary surrender of weapons.
(b) What practical experiences and examples exist of how the issue of non-extradition of nationals has been handled, and what are the lessons learned?Are procedures of temporary surrender of nationals to the requesting State used in lieu of their extradition requested for purposes of prosecution?
Please provide information on the mechanisms and criteria applied within the framework of expulsion,return, surrender or extradition procedures to assess the risk of a person being subjected to enforced disappearance or the risk of other serious harm to the life or integrity of the person(art. 16).