mutual extradition of criminals in the territory of the German Confederation was passed in the Session of the Confederation of the 26th January, 1854:— Article 1. It being understood that the Decrees which were issued in accordance with the Resolution of the Confederation of the 18th August, 1836, respecting the delivering up of political offenders, are to continue in force, the following Articles for enforcing that Resolution are likewise decreed. The Confederated States mutually engage to deliver up individuals condemned for or accused of any crimes or transgressions (not being frauds in matters of taxation, or transgressions against police or financial regulations) by a Tribunal of the State in which or against which the crime was committed, or against whom a sentence of arrest has been there pronounced, to that State; it being understood that the offence be likewise recognized as a crime or transgression by the laws of the State upon which the demand is made, and that the punishment has not yet become inapplicable through lapse of time. The only exceptions are (1.) When the individual in question is a subject of the State called upon to deliver him up. (2.) When the Justiciary Court of the State, from which the surrender of an accused person has been demanded, is itself competent to take cognizance of and punish the offence on account of which the demand for extradition has been made. (3.) When the individual to be delivered up is in detention in the State which is required to deliver him up, on account of other acts, or under arrest on account of debt or any other obligations. Article 2. In cases coming under Article 1, (3), the extradition can only take place after acquittal, termination of sentence, or when the arrest of the person is at an end. Article 3. With the individual all articles are to be given up which may be in his possession, as well as any others which may aid in proving the crime. Article 4. The extradition is to take place at the request of the competent tribunal, or if there be a question of the arrest of a prisoner who has escaped, on the demand of the Administration of the Criminal Tribunal in question to the magistrates or police of the district in which the accused resides. In the demand for extradition, the crime or transgression of which the individual is accused, or for which he has been condemned, is to be mentioned; also the date of the commission of the offence. If the offender has been condemned, the tribunal which tried him is to be specified, and the material part of the procès-verbal is to be given. The tribunal called upon to deliver up the individual must at once take steps to examine and decide upon the demand, and the extradition is then to take place at the frontier-town lying nearest to the place of arrest, in which a tribunal of the proper kind exists to receive him. Article 5. If the extradition has been demanded by several States, it is to be granted to that State which first applied for it. Article 6 relates entirely to the expenses attending the detention of the individual. Article 7. The transport of individuals to be delivered up from the Confederated States of Germany, or from other countries, shall be permitted, without hindrance, in the States of the Confederation lying between and this obligation of extradition is subject to the same exceptions and restrictions which are established in Article 1 (1 to 3) regarding the obligation of extradition. Article 8 relates solely to the security for the goods of the individual delivered up. Article 9 relates to the expenses. Article 10. By this contract the Extradition Treaties existing between separate German States are rendered void in so far as they contain Decrees at variance with the mutual obligations established by this contract, or do not contain any special covenants respecting extraditions and the expenses of the same. The renewal of the Extradition Treaties existing with foreign States will be attempted in a manner conformable with the contents of this Contract. Article 11. The Dukedom of Limburg is excepted from participation in these Treaties. In decreeing, according to § 89 of the Archives of the Constitution, the publication of the foregoing Resolution of the Confederation, we command that all our courts of law yield due obedience to the same. According to custom, we have drawn up this Decree with our own hand, and affixed thereto our Royal Seal. Dresden, February 27, 1854. (Signed) (Signed) FREDERIC AUGUSTUS. DR. FERDINAND ZSCHINSKY. Decree for making known the Agreement with the Imperial Austrian Government respecting the extension of the Resolutions of the Confederation which were framed on the 18th August, 1836, and the 26th January, 1854, respecting the Extradition of Criminals in the Territory of the German Confederation to the dominions of the Austrian Empire, which do not form part of the Confederation, dated January 10, 1855. An agreement has been made with the Imperial Austrian Government, in consequence of the negotiations entered into on this matter concerning the extension of the Resolution come to in the third sitting of the representatives of the German Confederation of 26th January, 1854 (Laws and Decrees of the year 1854, p. 74) respecting the mutual extradition of ordinary criminals in the territory of the German Confederation, and of the Resolution of the Confederation made known on the 18th of August, 1836, by a Decree respecting the extradition of political criminals (Laws and Decrees of the year 1836, p. 308) to the dominions of Austria not forming part of the German Confederation, according to the contents of the following Ministerial proclamation of 28th December 1854, which was exchanged for a similar Proclamation of the Minister for Foreign Affairs of the Emperor of Austria, and of the Imperial Court of the 17th of the same month; and the same is made known with consent of His Majesty the King for its due observance. Dresden, January 10, 1855. By order of the Minister of Justice, Ministerial Proclamation. The Governments of Saxony and Austria have entered into an agreement to extend both the decisions of the Resolution framed in the third sitting of the German Confederation of January 26, 1854, respecting the mutual extradition of ordinary criminals in the territory of the German Confederation, as also the decisions of the Resolution of the Confederation of the 18th August, 1836, respecting the extradition of political criminals, to the dominions of the Austrian Empire not forming part of the German Confederation; so that the decisions of these Resolutions of the Confederation are to operate fully in those cases in which the crime or transgression on account of which the extradition of an individual is demanded by the proper Austrian authorities from the Government of Saxony, was committed in a territory of the Austrian Empire not forming part of the German Confederation, or by the subjects of such a territory against the Imperial Government; so also, on the other hand, in the case where the Saxon Government, according to the above-mentioned Resolutions of the Confederation, claims the extradition of an individual from the Imperial Austrian Government, who is sojourning in a part of the Austrian Empire not appertaining to the Confederation. Furthermore both Governments agree that nothing is hereby altered in the obligations undertaken by the Excise, Commercial, and Taxation Treaties of 19th February and 4th April, 1853. In testimony of which, by the authority of the King of Saxony, this declaration has been drawn up, and the same is to be publicly proclaimed after the exchange of this document for an Austrian Ministerial Decree of the same nature. Dresden, December 28, 1854. By order of the Ministers for Foreign Affairs and for the Administration of Justice. (Signed) BARON DE BEUST. DR. ZSCHINSKY. |