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Article Comparison - European Convention on the Transfer of Proceedings in Criminal Matters

Section 3
Effects in the requesting State of a request for proceedings

Article 21

1. When the requesting State has requested proceedings, it can no longer prosecute the suspected person for the offence in respect of which the proceedings have been requested or enforce a judgment which has been pronounced previously in that State against him for that offence. Until the requested State's decision on the request for proceedings has been received, the requesting State shall, however, retain its right to take all steps in respect of prosecution, short of bringing the case to trial, or, as the case may be, allowing the competent administrative authority to decide on the case.

2. The right of prosecution and of enforcement shall revert to the requesting State:

a. if the requested State informs it of a decision in accordance with Article 10 not to take action on the request;

b. if the requested State informs it of a decision in accordance with Article 11 to refuse acceptance of the request;

c. if the requested State informs it of a decision in accordance with Article 12 to withdraw acceptance of the request;

d. if the requested State informs it of a decision not to institute proceedings or discontinue them;

e. if it withdraws its request before the requested State has informed it of a decision to take action on the request.