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Spezialitätsvorbehalt

English translation: restriction on the use of information or evidence

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07:11 Jun 15, 2005
German to English translations [PRO]
Law/Patents - Law (general) / extradition
German term or phrase: Spezialitätsvorbehalt
Die Auslieferung sei nur mit einem Spezialitätsvorbehalt zu bewilligen, wonach der Beschwerdeführer nicht wegen Landesverrats oder wegen des qualifizierten Tatbestands von Art. 19 Abs. 2 Nr. 2c KWKG bestraft werden darf.
Gillian Searl
United Kingdom
Local time: 19:31
English translation:restriction on the use of information or evidence
Explanation:
... gained extradition proceedings.
It seems to be part of Swiss law. If Germany applies for extradition of a suspect for a particular crime, Switzerland can agree to deport the person, but on condition that the information gained during the extradiction proceedings cannot be used to prosecute any other crime.
So if the extradiction is for prosecution in a criminal court, the evidence cannot be used to prosecute the suspect for tax evasion or similar.
See http://www.strafo.de/archivver/aufsatzkaligin.htm (and other Google hits).
The Oxford Dic of Law says:
"(extradition treaties between states)... invariably contain the following three features:
(1) (prima facie evidence of guilt) (2) (no political offenders)
(3) no surrender will be made unless adequat e assurances are given that the accused will not on that occasion be tried for any offence other than the crime for which he is surrendered"

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Note added at 53 mins (2005-06-15 08:04:44 GMT)
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The person pursued may be extradited only on condition that the requesting State:
a. shall neither prosecute nor sentence nor re-extradite hint to a third State for any offence committed prior to his extradition and for which extradition was not granted;
b. shall not deprive him of his liberty on any other pre-existing ground;
c. shall not bring him before an extraordinary court;
from the Swiss FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS (IMAC) at:
http://www.unodc.org/unodc/en/legal_library/ch/legal_library...

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Note added at 1 hr 17 mins (2005-06-15 08:29:04 GMT)
--------------------------------------------------

To sum up what I gather from Google:
Spezialitätsvorbehalt = the requirement that any prosecution which takes place as a direct result of the extradition may only be for the offence stipulated in the application for extradition, and that any evidence gained in the extradition proceedings may not be used to prosecute other offences.
So for your sentence quoted in the question:
\"extradition (would/could/may?) only be granted subject to a restriction on any resulting prosecution, so that the appellant must not be prosecuted for treason or ...\"
Selected response from:

Victor Dewsbery
Germany
Local time: 20:31
Grading comment
That's what I needed - an expert! Thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1restriction on the use of information or evidence
Victor Dewsbery
3with the specific proviso
Olav Rixen


  

Answers


41 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Spezialitätsvorbehalt
with the specific proviso


Explanation:
I don't know if 'Spezialität' refers to something else in the text, but it seems to me that what is meant is 'spezieller Vorbehalt'.

Olav Rixen
Canada
Local time: 11:31
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 8
Login to enter a peer comment (or grade)

42 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Spezialitätsvorbehalt
restriction on the use of information or evidence


Explanation:
... gained extradition proceedings.
It seems to be part of Swiss law. If Germany applies for extradition of a suspect for a particular crime, Switzerland can agree to deport the person, but on condition that the information gained during the extradiction proceedings cannot be used to prosecute any other crime.
So if the extradiction is for prosecution in a criminal court, the evidence cannot be used to prosecute the suspect for tax evasion or similar.
See http://www.strafo.de/archivver/aufsatzkaligin.htm (and other Google hits).
The Oxford Dic of Law says:
"(extradition treaties between states)... invariably contain the following three features:
(1) (prima facie evidence of guilt) (2) (no political offenders)
(3) no surrender will be made unless adequat e assurances are given that the accused will not on that occasion be tried for any offence other than the crime for which he is surrendered"

--------------------------------------------------
Note added at 53 mins (2005-06-15 08:04:44 GMT)
--------------------------------------------------

The person pursued may be extradited only on condition that the requesting State:
a. shall neither prosecute nor sentence nor re-extradite hint to a third State for any offence committed prior to his extradition and for which extradition was not granted;
b. shall not deprive him of his liberty on any other pre-existing ground;
c. shall not bring him before an extraordinary court;
from the Swiss FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS (IMAC) at:
http://www.unodc.org/unodc/en/legal_library/ch/legal_library...

--------------------------------------------------
Note added at 1 hr 17 mins (2005-06-15 08:29:04 GMT)
--------------------------------------------------

To sum up what I gather from Google:
Spezialitätsvorbehalt = the requirement that any prosecution which takes place as a direct result of the extradition may only be for the offence stipulated in the application for extradition, and that any evidence gained in the extradition proceedings may not be used to prosecute other offences.
So for your sentence quoted in the question:
\"extradition (would/could/may?) only be granted subject to a restriction on any resulting prosecution, so that the appellant must not be prosecuted for treason or ...\"

Victor Dewsbery
Germany
Local time: 20:31
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 117
Grading comment
That's what I needed - an expert! Thanks

Peer comments on this answer (and responses from the answerer)
agree  silfilla
6 hrs
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