Traduction de «extraditable criminal offence » (Anglais → Français) :

1. If an offence as established in accordance with Article 7 of the present Directive constitutes a criminal offence and concerns at least two Member States, those States shall cooperate effectively in the investigation, in the prosecution and in carrying out the punishment imposed by means, for example, of mutual legal assistance, extradition, transfer of proceedings or enforcement of sentences passed in another Member State.

2. Each Member State shall, when one of its nationals is alleged to have committed in another Member State a criminal offence involving the conduct described in Chapter II, and it does not extradite that person to the other Member State solely on the grounds of his or her nationality, submit the case to its competent authorities for the purpose of prosecution if appropriate.

Article 5 : Although only the legislative modifications laid down by Cyprus refer explicitly to extradition for terrorist offences, it appears that all Member States are able to meet the terms of paragraph (1), obliging Member States to ensure that the offences referred to in Articles 1 to 4 are punishable by effective, proportionate and dissuasive criminal penalties that may entail extradition.

Controlled deliveries may be permitted on the territory of another Member State within the framework of criminal investigations into extraditable offences.

If a fraud constitutes a criminal offence and concerns at least two EU countries, those countries must cooperate effectively in the investigation, the prosecution and the enforcement of the penalties imposed by means, for example, of mutual legal assistance, extradition, transfer of proceedings or enforcement of sentences passed in another EU country.

According to the Convention, the sentencing State may request another Contracting State to enforce a sentence only if one or more of the conditions set out in Article 5 are fulfilled, namely: (a) if the sentenced person is ordinarily resident in the other State; (b) if the enforcement of the sentence in the other State is likely to improve the prospects for the social rehabilitation of the sentenced person; (c) if, in the case of a sentence involving deprivation of liberty, the sentence could be enforced following the enforcement of another sentence involving deprivation of liberty which the sentenced person is undergoing or is to undergo in the other State; (d) if the other State is the State of origin of the sentenced person and has de ...[+++]clared itself willing to accept responsibility for the enforcement of that sentence; or (e) if it considers that it cannot itself enforce the sentence, even by having recourse to extradition, and that the other State can. In addition, the judgment handed down in the requesting State must be final and enforceable and the offence in respect of which the sentence has been passed must also constitute an offence under the law of the requested State ("double criminality" requirement [76]).