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Article Comparison - Convention between the Member States of the European Communities on Double Jeopardy

Article 2

1. A Member State may, at the time of ratification, acceptance or approval of this Convention, declare that it shall not be bound by Article 1 in one or more of the following cases:

(a) If the facts which were the subject of the judgment rendered abroad took place on its own territory either in whole or in part. In the latter case this exception shall not apply if those facts took place partly on the territory of the Member State where the judgment was rendered.

(b) If the facts which were the subject of the judgment rendered abroad constitute an offence directed against the security or other equally essential interests of that Member State.

(c) If the facts which were the subject of the judgment rendered abroad were committed by an official of that Member State contrary to the duties of his office.

2. A Member State which makes a declaration in respect of the exception in paragraph 1(b) shall specify the type of offences to which that exception may be applied.

3. A Member State may at any time withdraw such a declaration in respect of one more of the exceptions in paragraph 1. The withdrawal shall be notified to the Foreign Ministry of Belgium and shall take effect on the first day of the month following the date of such notification.

4. The exceptions which may be the subject of a declaration under paragraph 1 shall not apply if the Member State concerned in respect of the same facts requested the other Member State to bring the prosecution or granted extradition of the person concerned.