Death penalty. If the offence for which surrender of a fugitive offender is requested under this Agreement is punishable according to the law of the Requesting Party with the death penalty, and if in respect of such an offence the death penalty is not provided for by the law of the Requested Party or is not normally carried out, surrender may be refused unless the Requesting Party gives such assurances as the Requested Party considers sufficient that the death penalty will not be imposed or, if imposed, will not be carried out.
Death penalty. Extradition shall not be granted if the offence with which the person sought is charged or of which he is convicted, or for which he may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the Requesting State unless that State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out.
Death penalty is the same as Article 4 of the model text except with the replacement of the term “fugitive offender” by “person”.
Death penalty. No transferred person shall be sentenced or liable to the death penalty or be the subject of an application for the death penalty.
Death penalty. No transferred person shall, in accordance with Mauritius Abolition of Death Penalty Act, be charged with an offence that carries the death penalty, be sentenced to death or be the subject of an application of the death penalty.
Death penalty. When the offense for which extradition is requested is punishable by death under the laws in the Requesting State, and the laws in the Requested State do not permit the death penalty for that offense, surrender of the person sought may be refused unless the Requesting State provides assurances that the death penalty shall not be imposed, or, if imposed, shall not be executed.
Death penalty. A core aspect of any Status of Forces Agreement or equivalent are the legal mechanisms established for the application of the laws of the Visiting Forces to those forces whilst in the Receiving State, and the application of laws of the Receiving State. Immunities enjoyed by Visiting Forces from the laws of the Receiving State must be balanced against the need to ensure that the conduct of Visiting Forces are subject to legal regulation, and that certain local criminal laws in particular are respected. In that respect, it needs to be recalled that the Defence Force Discipline Act 1982 (Cth) applies extraterritorially with the effect that ADF members remain subject to the Act whilst serving overseas.21
Death penalty. The Finnish side requested that there be a bar to surrender in death penalty cases. According to the Finnish side, it was necessary to reflect their legal position clearly in the Agreement. There is a precedent in Article 4(1) of HK / Portugal SFO agreement. There is no objection.
Death penalty. The Death Penalty is only to be used for violent crimes, crimes against children, pedophilia and other heinous crimes. If violence or other acts where done in self defense, they are justified and exempt from the death penalty. The death penalty must be ordered by the community court, after a trial. If a death penalty is issued, it must be carried out within 30 days, from the date it was issued.
Death penalty. Have you been charged or convicted of an offence punishable with the death penalty in the country? YES € You MAY qualify under this exception. Canada does not admit people who have been convicted of certain crimes. Whether you qualify under this exception depends on the type of crime(s) you were convicted of.
