Document ID: chunk:federal_register_of_legislation:F2005C00544:body:0:p12
Version: federal_register_of_legislation:F2005C00544
Segment Type: other
Provision Reference: 
Character Range: 28570–31258

State Party or a stateless person who has his or her habitual residence in its territory; or

(c) The offence is:

    (i) One of those established in accordance with Article 5, paragraph 1, of this Convention and is committed outside its territory with a view to the commission of a serious crime within its territory;

    (ii) One of those established in accordance with Article 6, paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offence established in accordance with Article 6, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory.

3. For the purposes of Article 16, paragraph 10, of this Convention, each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.

4. Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite him or her.

5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this Article has been notified, or has otherwise learned, that one or more other States Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those States Parties shall, as appropriate, consult one another with a view to coordinating their actions.

6. Without prejudice to norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Article 16

Extradition

1. This Article shall apply to the offences covered by this Convention or in cases where an offence referred to in Article 3, paragraph 1 (a) or (b), involves an organized criminal group and the person who is the subject of the request for extradition is located in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

2. If the request for extradition includes several separate serious crimes, some of which are not covered by this Article, the requested State Party may apply this Article also in respect of the latter offences.

3. Each of the offences to which this Article applies shall be deemed to be included as an extraditable offence in any extradition treaty