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Article Comparison - Additional Protocol to the European Convention on Extradition

Chapter II

Article 2

Article 9 of the Convention shall be supplemented by the following text, the original Article 9 of the Convention becoming paragraph 1 and the under-mentioned provisions becoming paragraphs 2, 3 and 4:

"2. The extradition of a person against whom a final judgment has been rendered in a third State, Contracting Party to the Convention, for the offence or offences in respect of which the claim was made, shall not be granted:

a. if the afore-mentioned judgment resulted in his acquittal;

b. if the term of imprisonment or other measure to which he was sentenced:

i. has been completely enforced;

ii. has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty;

c. if the court convicted the offender without imposing a sanction.

3. However, in the cases referred to in paragraph 2, extradition may be granted:

a. if the offence in respect of which judgment has been rendered was committed against a person, an institution or any thing having public status in the requesting State;

b. if the person on whom judgment was passed had himself a public status in the requesting State;

c. if the offence in respect of which judgment was passed was committed completely or partly in the territory of the requesting State or in a place treated as its territory.

4. The provisions of paragraphs 2 and 3 shall not prevent the application of wider domestic provisions relating to the effect of ne bis in idem attached to foreign criminal judgments."