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Old 15-02-2007, 12:38   #3
Belgium

 
Yeni Fikir

Hukuk terimlerinin, kanunlarin, ... tercümesi oldukca zor. Ince ama önemli detay ve nüanslar kaybolabiliyor.

Hiç bir uzmanlik iddia etmeden bir deneme yapiyorum madde 18 için...


Extradition

Article 18

(1) In case of a crime committed or allegedly committed abroad an alien whose penal prosecution has started or who is convicted can, on demand, in order to enable prosecution or execution of the sentence be extradited.


Alıntı:

Alternatif: Av. Bülent S. Akpunar

A foreigner who has been convicted or subjected to a penal investigation due to an offence committed or alleged to have been committed abroad may be exradited on a formal request by the foreign Country.However, extradition is not possible, if the alleged offence :





Except if, the deed on which the extradition demand is founded:

a) Is no crime according to Turkish law,
b) Is an intellectual, political or military crime,
c) Is committed against the security of the State of Turkey, in the disadvantage of the State of Turkey, a Turkish citizen or a legal person founded according to Turkish law,
d) Is in the scope of the judicial power of Turkey,
e) Is subject to prescription or pardon,

Alıntı:
Alternatif- Av. Bülent S. Akpunar

-has not been deemed as a penal crime by the Turkish law,

- is of a military or political nature or pertains to the right to freedom of expression,

- was committed against the national security of Turkish State or to the detriment of the Turkish State or a Turkish citizen or a legal person established pursuant to the Turkish Law,

- falls within the criminal jurisdiction of Turkey,

- has not been statute-barred or covered by amnesty

the extradition demand will not be accepted.

(2) Except in order to fulfill obligations as a Party to the International Criminal Court, a citizen shall not be extradited to an alien country for a crime.

(3) The extradition demand will not be accepted if there are strong indications that the person will be prosecuted, punished, subjected to torture or bad treatment because of his ethnicity, religion, citizenship of a country, membership of a social group or political beliefs.

(4) The criminal court of the place where the person is situated will decide on the matter of extradition according to this article and international conventions to which Turkey is a contracting party. There is a possibility of appeal against this decision.

(5) If the court accepts the demand of extradition, the execution of this decision is up to the Counsel of Ministers.

(6) Regarding protection measures for the person whose extradition is demanded, a decision can be taken according to the stipulations of international conventions to which Turkey is a contracting party.

(7) If extradition is granted upon the demand, also a decision of arrest can be taken according to the Penal Procedure Act or other protection measures can be taken.

(8) In case of extradition, the person can only be judged or his sentence can only be executed for the crimes upon which the extradition decision is based.