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United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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jurisdiction
[
Global Index
]
ARTICLE-2
[
go to this ARTICLE
]
... 3. A
Party
shall not
undertake
in the
territory
of another
Party
the
exercise of jurisdiction
and
performance
of functions which are
exclusively
reserved for the
authorities
of that other
Party
by its
domestic law
. ...
ARTICLE-3
[
go to this ARTICLE
]
... 5. The
Parties
shall ensure that their
courts
and other
competent authorities
having
jurisdiction
can take into
account
factual circumstances
which make the
commission
of the
offences
established
in
accordance
with paragraph 1 of this
article
particularly
serious
, such as: ...
ARTICLE-4
[
go to this ARTICLE
]
...
JURISDICTION
...
... (a) Shall take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when: ...
... (b) May take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when: ...
... (ii) The
offence
is committed on
board
a
vessel
concerning
which that
Party
has been
authorized
to take appropriate
action
pursuant to
article
17
, provided that such
jurisdiction
shall be exercised only on the basis of
agreements
or
arrangements
referred to in paragraphs 4 and 9 of that
article
; ...
... (a) Shall also take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when the alleged
offender
is present in its
territory
and it does not
extradite
him to another
Party
on the ground: ...
... (b) May also take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when the alleged
offender
is present in its
territory
and it does not
extradite
him to another
Party
. ...
... 3. This
Convention
does not exclude the
exercise
of any
criminal jurisdiction
established
by a
Party
in
accordance
with its
domestic law
. ...
ARTICLE-5
[
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]
... (a) Following a
request
made pursuant to this
article
by another
Party
having
jurisdiction
over an
offence
established
in
accordance
with
article
3
, paragraph 1, the
Party
in whose
territory
proceeds,
property
,
instrumentalities
or any other things referred to in paragraph 1 of this
article
are situated shall: ...
... (b) Following a
request
made pursuant to this
article
by another
Party
having
jurisdiction
over an
offence
established
in
accordance
with
article
3
, paragraph l, the requested
Party
shall take
measures
to
identify
,
trace
, and
freeze
or
seize
proceeds,
property
,
instrumentalities
or any other things referred to in paragraph l of this
article
for the
purpose
of eventual
confiscation
to be ordered either by the requesting
Party
or, pursuant to a
request
under subparagraph (a) of this paragraph, by the requested
Party
. ...
ARTICLE-6
[
go to this ARTICLE
]
... 9. Without
prejudice
to the
exercise
of any
criminal jurisdiction
established
in
accordance
with its
domestic law
, a
Party
in whose
territory
an alleged
offender
is found shall: ...
... (b) If it does not
extradite
him in
respect
of such an
offence
and has
established
its
jurisdiction
in
relation
to that
offence
in
accordance
with
article
4
, paragraph 2, subparagraph (b), submit the
case
to its
competent authorities
for the
purpose
of
prosecution
, unless otherwise requested by the requesting
Party
for the
purposes
of
preserving
its
legitimate
jurisdiction
. ...
... (b) If it does not
extradite
him in
respect
of such an
offence
and has
established
its
jurisdiction
in
relation
to that
offence
in
accordance
with
article
4
, paragraph 2, subparagraph (b), submit the
case
to its
competent authorities
for the
purpose
of
prosecution
, unless otherwise requested by the requesting
Party
for the
purposes
of
preserving
its
legitimate
jurisdiction
. ...
ARTICLE-7
[
go to this ARTICLE
]
... (c) If the
authorities
of the requested
Party
would be
prohibited
by its
domestic law
from carrying out the
action
requested with
regard
to any similar
offence
, had it been
subject
to
investigation
,
prosecution
or
proceedings
under their own
jurisdiction
; ...
ARTICLE-11
[
go to this ARTICLE
]
... 2.
Decisions
to use
controlled delivery
shall be made on a
case
-by-
case
basis and may, when necessary, take into
consideration
financial arrangements
and understandings with
respect
to the
exercise of jurisdiction
by the
Parties
concerned
. ...
ARTICLE-17
[
go to this ARTICLE
]
... 11. Any
action
taken in
accordance
with this
article
shall take
due
account
of the need not to
interfere
with or
affect
the
rights
and
obligations
and the
exercise of jurisdiction
of
coastal
States
in
accordance
with the
international law
of the
sea
. ...
ARTICLE-20
[
go to this ARTICLE
]
... (b) Particulars of
cases
of
illicit traffic
within their
jurisdiction
which they consider
important
because of new
trends
disclosed, the
quantities
involved, the
sources
from which the
substances
are obtained, or the
methods
employed by
persons
so engaged. ...
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