3 DE OUTUBRO DE 2018

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Anexos

Fourth Additional Protocol to the European Convention on Extradition

The member States of the Council of Europe, signatory to this Protocol,

Considering that the aim of the Council of Europe is to achieve greater unity between its members;

Desirous of strengthening their individual and collective ability to respond to crime;

Having regard to the provisions of the European Convention on Extradition (ETS No. 24) opened for signature

in Paris on 13 December 1957 (hereinafter referred to as “the Convention”), as well as the three Additional

Protocols thereto (ETS Nos. 86 and 98, CETS No. 209), done at Strasbourg on 15 October 1975, on 17 March

1978 and on 10 November 2010, respectively;

Considering it desirable to modernise a number of provisions of the Convention and supplement it in certain

respects, taking into account the evolution of international co-operation in criminal matters since the entry into

force of the Convention and the Additional Protocols thereto;

Have agreed as follows:

Article 1

Lapse of time

Article 10 of the Convention shall be replaced by the following provisions:

“Lapse of time

1 – Extradition shall not be granted when the prosecution or punishment of the person claimed has become

statute-barred according to the law of the requesting Party.

2 – Extradition shall not be refused on the ground that the prosecution or punishment of the person claimed

would be statute-barred according to the law of the requested Party.

3 – Any State may, at the time of signature or when depositing its instrument of ratification, acceptance,

approval or accession, declare that it reserves the right not to apply paragraph 2:

a) when the request for extradition is based on offences for which that State has jurisdiction under its own

criminal law; and/or

b) if its domestic legislation explicitly prohibits extradition when the prosecution or punishment of the person

claimed would be statute-barred according to its

4 – When determining whether prosecution or punishment of the person sought would be statute-barred

according to its law, any Party having made a reservation pursuant to paragraph 3 of this article shall take into

consideration, in accordance with its law, any acts or events that have occurred in the requesting Party, in so far

as acts or events of the same nature have the effect of interrupting or suspending time-limitation in the requested

Party.”

Article 2

The request and supporting documents

1 – Article 12 of the Convention shall be replaced by the following provisions:

“The request and supporting documents

1 The request shall be in writing. It shall be submitted by the Ministry of Justice or other competent authority

of the requesting Party to the Ministry of Justice or other competent authority of the requested Party. A State

wishing to designate another competent authority than the Ministry of Justice shall notify the Secretary General