Reference: 502/2016

Judgement Details


Date
22/11/2016
Court
OF CRIMINAL APPEAL (INFERIOR)
Judiciary
MIZZI ANTONIO
Parties
THE POLICE vs VAN OUDENHOVE JOHAN GERMAINE CORNEILLE
ECLI
ECLI:MT:AKI:2016:103872
Judgement Type
FINAL JUDGEMENT

Keywords / Summary


Summary
The Court of Criminal Appeal was of the opinion that notwithstanding the latest amendment of the lawrelating to the European Arrest warrant the position remains unchanged in the sense that no extradition is to be granted for the purposes of a simple investigation where the person who is extraditeddoes not enjoy the same safeguards enshrined in our Constitution, prior to being accused of a crime.If, on the other hand, the person to be extradited has already been accused in Court with his committing a crime then the extradition is to be granted. This would mean that the person would be charged in the Court of the requesting State and he would have to answer to such a charge or charges. After an evaluation of the evidence presented the Court concluded that the Belgian authorities had concluded their investigations and the return to the Kingdom Of Belgium of the appellant would lead to his being charged under article 491 of the Belgian Criminal Code.




Operational Programme 1
CONvErGE connected eGovernment


We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we'll assume that you are happy to receive all cookies. More Info