(as amended by Schedule II to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954)
The United States of America, the United Kingdom of Great Britain and Northern Ireland, the French Republic and the Federal Republic of Germany agree as follows:—
1.
Except as otherwise provided in the present Convention, the authorities of the Forces shall exercise exclusive criminal jurisdiction over members of the Forces. A death sentence shall not be carried out in the Federal territory by the authorities of the Forces as long as German law does not provide for such penalty.
2.
Where, under the law of the Power concerned, the service tribunals are not competent to exercise criminal jurisdiction over a member of the Forces, the German courts and authorities may exercise criminal jurisdiction over him in respect of an offence under German law committed against German interests, in accordance with the following provisions:
(a) no criminal proceedings, other than those provided for in Article 7 of the present Convention, or urgent preliminary investigations, after consultation, as far as practicable, with the authorities of the Forces, shall be instituted by the German courts or authorities until the authorities of the Forces have been consulted by the appropriate German authorities and been given the opportunity, within twenty-one days from the receipt of information as to the facts involved, to make representations and recommendations in regard to the effect upon the security of the Forces of any such criminal proceedings; any such representations and recommendations shall be given due weight by the German courts or authorities. Such consultation shall, however, not be required where the alleged offence is one the penalty for which, under German law, is merely detention for not more than six weeks or a fine not exceeding DM 150 (Übertretung), unless the German authorities consider that the security of the Forces is or might be involved in the case in question;
(b) the German courts and authorities shall, within the discretionary powers conferred on them by German law, abstain from prosecution in any case in which
(i) such abstention is permitted by German law; or
(ii) the offender has been suitably punished by disciplinary action of the authorities of the Forces;
(c) the German courts and authorities shall decide upon questions of arrest, detention and execution of punishment in accordance with the provisions of German law. The authorities of the Forces shall execute any warrants of arrest and detention. An accused person so taken into custody by the authorities of the Forces shall remain in their custody until, by virtue of a final (rechtskräftig) judicial decision, he is released or sentenced. The authorities of the Forces will take appropriate measures to prevent any prejudice to the course of justice (Verdunkelungsgefahr). They will hold an accused person so taken into custody at the disposal of the German courts and authorities, will grant access to him at any time by the German courts and authorities and on request present him to the German courts and authorities for the purposes of investigatory proceedings, trial and the serving of any sentence which may be imposed. Where an accused person is not taken into custody, the authorities of the Forces will take measures to ensure that he is at the disposal of the German courts or authorities for the purpose aforesaid;
(d) any sentence of imprisonment shall be served in a German penal institution.
For the purposes of this paragraph, the expression “offence under German law committed against German interests” shall mean any offence under German law other than an offence directed against the Forces, their members, or the property of the Forces or their members.
3.
The exclusive jurisdiction of the German authorities over persons who are subject to German criminal jurisdiction shall include those cases in which the criminal offence is directed against the Forces, their members, or the property of the Forces or their members.
4.
With the consent of the German authorities the authorities of the Forces may transfer to German courts or authorities, for investigation, trial and decision, groups of, or particular, cases for which they are exclusively competent under paragraph 1 of this Article.
5.
With the consent of the authorities of the Forces, the German authorities may transfer to the authorities of the Forces, for investigation, trial and decision, particular cases of the nature described in paragraph 3 of this Article in which the alleged offender is not a German.
6.
In cases under paragraphs 1 and 5 of this Article, the authorities of the Forces will apply their own law. If such cases involve acts which are punishable under German law, but not under the law of the Power concerned, German law shall apply.
7.
In cases under paragraphs 3 and 4 of this Article, German law shall apply.
Inhoudsopgave
No. I
ANNEX A. TO SIR F. HOYER MILLAR'S LETTER OF JUNE 11, 1956, TO H.E. MONSIEUR A. LAMPING, AMBASSADOR OF THE NETHERLANDS AT BONN
Article 1. Definitions
Article 2. Observance of German - Law Political Activity
Article 3. General Obligations
Article 4. Reciprocal Assistance and Security
Article 5. Liaison
- SECTION I. — Criminal Proceedings
+ SECTION II. — Non-Criminal Proceedings
+ SECTION III. — Provisions Common to Criminal and Non-Criminal Proceedings
- SECTION I. — Rights and Obligations
+ SECTION II. — Support
Article 49
Article 50
Article 51. Review
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