- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
251

(1916) Author: Alfons Heyking - Tema: Russia
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P. vi., Сн. xi.

DESERTERS.

251

made. If no opportunity of sending the deserter home presents
itself within a reasonable time, or if the cost of his imprisonment is
not paid promptly, he may be set at liberty and may not be rearrested
on the same charge.

If a deserter from a ship commit a crime or offence on shore, his
extradition may be delayed by the local authorities until after his
trial by a competent authority, and until the resulting judicial decision
has been fully carried out. The time during which arrested deserters
remain at the disposal of the Consul is fixed at two months by the
Consular Conventions with France, Germany, Italy, and Spain ; at
three months by the treaties with Austria and with the Netherlands ;
at four months by the treaties with Greece and with the United States
of North America ; and at five months by the treaty with Belgium.
The above-named Consular Conventions specially mention that
deserters who are subjects of the State where they desert are not liable
to extradition.

The Ottoman Empire has also recognised the obligations to deliver
deserters from Russian ships, by the Treaty of Commerce concluded
with Russia on the 10th June 1783, Art. 2, but stipulates that
extradition will not be granted if, in the interval, the person concerned
has embraced the Mohammedan faith. In such case not only Russian
deserters, but even Russian subjects who have become slaves, are
not delivered up to Russia.

The treaty between Russia and Corea of 25th June 1884, Art. 3,
paragraph 10, and the rules relating to overland trade between the
two States of the 8th August 1888 (Art. 6, paragraph 10), contain
the stipulation that on the demand of the proper Russian authorities
the Corean authorities will be bound to arrest and to hand over any
deserter from a Russian warship or merchant vessel.

An analogous stipulation is contained in the Treaty of Commerce
and Navigation concluded between Russia and Japan on the 27th
May 1895, Art. 13, paragraph 1. Subjects of the State where the
desertion took place are not liable to extradition.

As soon as the deserter is delivered to the Consular Officer the
latter must arrange to have him conveyed on board the ship to which
he belongs, or, if the ship has sailed, he must send him on board the
first Russian or foreign ship going to Russia,1 obtaining from the
captain thereof a voucher for him.

The laws of Finland contain the following provisions relating to
the desertion of sailors from Finnish vessels :—

If any member of the crew of a Finnish ship leave the vessel in
a foreign port without having first obtained permission to do so,
the captain must immediately inform the Russian Ambassador, agent,
Consul, correspondent, or commissioner of the fact, and request
assistance to discover and arrest the deserter.2 Once a sailor is enrolled
in the crew list of a vessel, he must proceed to his post when ordered

§284
France,
Germany,
Spain,
Austria, [-Netherlands,-]
{+Nether-
lands,+}
Greece,
United
States,
Belgium.

§ 285.
Turkey.

§ 286.
Corea,

§ 287.
Japan.

§ 288.
Finland.

1 Cons. Reg., Art. 35. See also above.

2 Maritime Code of Finland of 1839, 28th May, Art. 24 ; Finnish Regulations
for Skippers and Crews of Merchant Vessels of 1848, 30th March, Chapter IV.,
Art. 5.

§§ 284, 285,

286. 287,

288.

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