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extradition
[
Global Index
]
ARTICLE-42
: Jurisdiction [
go to this ARTICLE
]
... 3. For the
purposes
of
article
44
of this
Convention
, each
State Party
shall take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
established
in
accordance
with 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 take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
established
in
accordance
with this
Convention
when the alleged
offender
is present in its
territory
and it does not
extradite
him or her. ...
ARTICLE-44
: Extradition [
go to this ARTICLE
]
...
Extradition
...
... 1. This
article
shall apply to the
offences
established
in
accordance
with this
Convention
where the
person
who is the
subject
of the
request for extradition
is present 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
. ...
... 1. This
article
shall apply to the
offences
established
in
accordance
with this
Convention
where the
person
who is the
subject
of the
request for extradition
is present 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. Notwithstanding the
provisions
of paragraph 1 of this
article
, a
State Party
whose
law
so
permits
may
grant
the
extradition
of a
person
for any of the
offences
covered by this
Convention
that are not punishable under its own
domestic law
. ...
... 3. If the
request for extradition
includes several separate
offences
, at least one of which is extraditable under this
article
and some of which are not extraditable by
reason
of their
period
of
imprisonment
but are related to
offences
established
in
accordance
with this
Convention
, the requested
State Party
may apply this
article
also in
respect
of those
offences
. ...
... 4. Each of the
offences
to which this
article
applies shall be deemed to be
included
as an
extraditable offence
in any
extradition
treaty
existing
between
States Parties
.
States Parties
undertake
to
include
such
offences
as
extraditable offences
in every
extradition
treaty
to be concluded between them. A
State Party
whose
law
so
permits
, in
case
it uses this
Convention
as the basis for
extradition
, shall not consider any of the
offences
established
in
accordance
with this
Convention
to be a
political offence
. ...
... 4. Each of the
offences
to which this
article
applies shall be deemed to be
included
as an
extraditable offence
in any
extradition
treaty
existing
between
States Parties
.
States Parties
undertake
to
include
such
offences
as
extraditable offences
in every
extradition
treaty
to be concluded between them. A
State Party
whose
law
so
permits
, in
case
it uses this
Convention
as the basis for
extradition
, shall not consider any of the
offences
established
in
accordance
with this
Convention
to be a
political offence
. ...
... 4. Each of the
offences
to which this
article
applies shall be deemed to be
included
as an
extraditable offence
in any
extradition
treaty
existing
between
States Parties
.
States Parties
undertake
to
include
such
offences
as
extraditable offences
in every
extradition
treaty
to be concluded between them. A
State Party
whose
law
so
permits
, in
case
it uses this
Convention
as the basis for
extradition
, shall not consider any of the
offences
established
in
accordance
with this
Convention
to be a
political offence
. ...
... 5. If a
State Party
that makes
extradition
conditional on the existence of a
treaty
receives a
request for extradition
from another
State Party
with which it has no
extradition
treaty
, it may consider this
Convention
the
legal basis for extradition
in
respect
of any
offence
to which this
article
applies. ...
... 5. If a
State Party
that makes
extradition
conditional on the existence of a
treaty
receives a
request for extradition
from another
State Party
with which it has no
extradition
treaty
, it may consider this
Convention
the
legal basis for extradition
in
respect
of any
offence
to which this
article
applies. ...
... 5. If a
State Party
that makes
extradition
conditional on the existence of a
treaty
receives a
request for extradition
from another
State Party
with which it has no
extradition
treaty
, it may consider this
Convention
the
legal basis for extradition
in
respect
of any
offence
to which this
article
applies. ...
... 5. If a
State Party
that makes
extradition
conditional on the existence of a
treaty
receives a
request for extradition
from another
State Party
with which it has no
extradition
treaty
, it may consider this
Convention
the
legal basis for extradition
in
respect
of any
offence
to which this
article
applies. ...
... 6. A
State Party
that makes
extradition
conditional on the existence of a
treaty
shall: ...
... (a) At the
time
of deposit of its
instrument of ratification
,
acceptance
or
approval
of or
accession
to this
Convention
, inform the
Secretary-General of the United Nations
whether it will take this
Convention
as the
legal
basis for
cooperation
on
extradition
with other
States Parties
to this
Convention
; and ...
... (b) If it does not take this
Convention
as the
legal
basis for
cooperation
on
extradition
,
seek
, where appropriate, to conclude
treaties
on
extradition
with other
States Parties
to this
Convention
in
order
to
implement
this
article
. ...
... (b) If it does not take this
Convention
as the
legal
basis for
cooperation
on
extradition
,
seek
, where appropriate, to conclude
treaties
on
extradition
with other
States Parties
to this
Convention
in
order
to
implement
this
article
. ...
... 7.
States Parties
that do not make
extradition
conditional on the existence of a
treaty
shall recognize
offences
to which this
article
applies as
extraditable offences
between themselves. ...
... 8.
Extradition
shall be
subject
to the
conditions
provided for by the
domestic law
of the requested
State Party
or by applicable
extradition
treaties
,
including
,
inter alia
,
conditions
in
relation
to the
minimum
penalty
requirement
for
extradition
and the grounds upon which the requested
State Party
may
refuse
extradition
. ...
... 8.
Extradition
shall be
subject
to the
conditions
provided for by the
domestic law
of the requested
State Party
or by applicable
extradition
treaties
,
including
,
inter alia
,
conditions
in
relation
to the
minimum
penalty
requirement
for
extradition
and the grounds upon which the requested
State Party
may
refuse
extradition
. ...
... 8.
Extradition
shall be
subject
to the
conditions
provided for by the
domestic law
of the requested
State Party
or by applicable
extradition
treaties
,
including
,
inter alia
,
conditions
in
relation
to the
minimum
penalty
requirement
for
extradition
and the grounds upon which the requested
State Party
may
refuse
extradition
. ...
... 8.
Extradition
shall be
subject
to the
conditions
provided for by the
domestic law
of the requested
State Party
or by applicable
extradition
treaties
,
including
,
inter alia
,
conditions
in
relation
to the
minimum
penalty
requirement
for
extradition
and the grounds upon which the requested
State Party
may
refuse
extradition
. ...
... 9.
States Parties
shall,
subject
to their
domestic law
, endeavour to expedite
extradition
procedures
and to simplify evidentiary
requirements
relating thereto in
respect
of any
offence
to which this
article
applies. ...
... 10.
Subject
to the
provisions
of its
domestic law
and its
extradition
treaties
, the requested
State Party
may, upon being satisfied that the
circumstances
so
warrant
and are
urgent
and at the
request
of the requesting
State Party
, take a
person
whose
extradition
is sought and who is present in its
territory
into
custody
or take other appropriate
measures
to ensure his or her
presence
at
extradition
proceedings
. ...
... 10.
Subject
to the
provisions
of its
domestic law
and its
extradition
treaties
, the requested
State Party
may, upon being satisfied that the
circumstances
so
warrant
and are
urgent
and at the
request
of the requesting
State Party
, take a
person
whose
extradition
is sought and who is present in its
territory
into
custody
or take other appropriate
measures
to ensure his or her
presence
at
extradition
proceedings
. ...
... 10.
Subject
to the
provisions
of its
domestic law
and its
extradition
treaties
, the requested
State Party
may, upon being satisfied that the
circumstances
so
warrant
and are
urgent
and at the
request
of the requesting
State Party
, take a
person
whose
extradition
is sought and who is present in its
territory
into
custody
or take other appropriate
measures
to ensure his or her
presence
at
extradition
proceedings
. ...
... 11. A
State Party
in whose
territory
an alleged
offender
is found, if it does not
extradite
such
person
in
respect
of an
offence
to which this
article
applies solely on the ground that he or she is one of its
nationals
, shall, at the
request
of the
State Party
seeking
extradition
, be obliged to submit the
case
without undue
delay
to its
competent authorities
for the
purpose
of
prosecution
. Those
authorities
shall take their
decision
and
conduct
their
proceedings
in the same
manner
as in the
case
of any other
offence
of a
grave nature
under the
domestic law
of that
State Party
. The
States Parties
concerned
shall
cooperate
with each other, in particular on procedural and evidentiary
aspects
, to ensure the
efficiency
of such
prosecution
. ...
... 11. A
State Party
in whose
territory
an alleged
offender
is found, if it does not
extradite
such
person
in
respect
of an
offence
to which this
article
applies solely on the ground that he or she is one of its
nationals
, shall, at the
request
of the
State Party
seeking
extradition
, be obliged to submit the
case
without undue
delay
to its
competent authorities
for the
purpose
of
prosecution
. Those
authorities
shall take their
decision
and
conduct
their
proceedings
in the same
manner
as in the
case
of any other
offence
of a
grave nature
under the
domestic law
of that
State Party
. The
States Parties
concerned
shall
cooperate
with each other, in particular on procedural and evidentiary
aspects
, to ensure the
efficiency
of such
prosecution
. ...
... 12. Whenever a
State Party
is permitted under its
domestic law
to
extradite
or otherwise
surrender
one of its
nationals
only upon the
condition
that the
person
will be
returned
to that
State Party
to serve the
sentence
imposed as a result of the
trial
or
proceedings
for which the
extradition
or
surrender
of the
person
was sought and that
State Party
and the
State Party
seeking
the
extradition
of the
person
agree
with this option and other
terms
that they may deem appropriate, such conditional
extradition
or
surrender
shall be sufficient to
discharge
the
obligation
set forth in paragraph 11 of this
article
. ...
... 12. Whenever a
State Party
is permitted under its
domestic law
to
extradite
or otherwise
surrender
one of its
nationals
only upon the
condition
that the
person
will be
returned
to that
State Party
to serve the
sentence
imposed as a result of the
trial
or
proceedings
for which the
extradition
or
surrender
of the
person
was sought and that
State Party
and the
State Party
seeking
the
extradition
of the
person
agree
with this option and other
terms
that they may deem appropriate, such conditional
extradition
or
surrender
shall be sufficient to
discharge
the
obligation
set forth in paragraph 11 of this
article
. ...
... 12. Whenever a
State Party
is permitted under its
domestic law
to
extradite
or otherwise
surrender
one of its
nationals
only upon the
condition
that the
person
will be
returned
to that
State Party
to serve the
sentence
imposed as a result of the
trial
or
proceedings
for which the
extradition
or
surrender
of the
person
was sought and that
State Party
and the
State Party
seeking
the
extradition
of the
person
agree
with this option and other
terms
that they may deem appropriate, such conditional
extradition
or
surrender
shall be sufficient to
discharge
the
obligation
set forth in paragraph 11 of this
article
. ...
... 12. Whenever a
State Party
is permitted under its
domestic law
to
extradite
or otherwise
surrender
one of its
nationals
only upon the
condition
that the
person
will be
returned
to that
State Party
to serve the
sentence
imposed as a result of the
trial
or
proceedings
for which the
extradition
or
surrender
of the
person
was sought and that
State Party
and the
State Party
seeking
the
extradition
of the
person
agree
with this option and other
terms
that they may deem appropriate, such conditional
extradition
or
surrender
shall be sufficient to
discharge
the
obligation
set forth in paragraph 11 of this
article
. ...
... 13. If
extradition
, sought for
purposes
of enforcing a
sentence
, is refused because the
person
sought is a
national
of the requested
State Party
, the requested
State Party
shall, if its
domestic law
so
permits
and in
conformity
with the
requirements
of such
law
, upon
application
of the requesting
State Party
, consider the
enforcement
of the
sentence
imposed under the
domestic law
of the requesting
State Party
or the
remainder
thereof. ...
... 15. Nothing in this
Convention
shall be interpreted as imposing an
obligation
to
extradite
if the requested
State Party
has substantial grounds for believing that the
request
has been made for the
purpose
of
prosecuting
or
punishing
a
person
on
account
of that
person
’s
sex
,
race
,
religion
,
nationality
,
ethnic origin
or
political opinions
or that
compliance
with the
request
would cause
prejudice
to that
person
’s
position
for any one of these
reasons
. ...
... 16.
States Parties
may not
refuse
a
request for extradition
on the sole ground that the
offence
is also considered to involve
fiscal
matters. ...
... 17. Before refusing
extradition
, the requested
State Party
shall, where appropriate, consult with the requesting
State Party
to provide it with ample
opportunity
to present its
opinions
and to provide
information
relevant
to its allegation. ...
... 18.
States Parties
shall
seek
to conclude
bilateral
and
multilateral agreements
or
arrangements
to carry out or to enhance the
effectiveness
of
extradition
. ...
ARTICLE-46
: Mutual legal assistance [
go to this ARTICLE
]
... (c) The
State Party
to which the
person
is
transferred
shall not require the
State Party
from which the
person
was
transferred
to initiate
extradition
proceedings
for the
return
of the
person
; ...
ARTICLE-60
: Training and technical assistance [
go to this ARTICLE
]
... 2.
States Parties
shall, according to their
capacity
, consider affording one another the widest
measure
of
technical assistance
, especially for the
benefit
of
developing countries
, in their respective
plans
and
programmes
to
combat
corruption
,
including
material
support
and
training
in the
areas
referred to in paragraph 1 of this
article
, and
training
and
assistance
and the
mutual
exchange
of
relevant
experience
and specialized
knowledge
, which will
facilitate
international cooperation
between
States Parties
in the
areas
of
extradition
and
mutual legal assistance
. ...
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