Extraditable Offences Sample Clauses
Extraditable Offences. 1. For the purposes of this Treaty, extraditable offences are offences which are punishable under the laws of both States by imprisonment for a maximum period of at least one year or by a more severe penalty. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if a period of at least six months of such penalty remains to be served.
2. For the purpose of this Article in determining whether an offence is an offence against the laws of both States:
(a) the acts or omissions constituting the offence must, if they had taken place in the Requested State, be an offence against the law of the Requested State at the time the request is made;
(b) it shall not matter whether the laws of the States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology;
(c) the totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the States, the constituent elements of the offence differ.
3. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matters, extradition may not be refused on the ground that the law of the Requested State does not impose the same kind of tax or duty or does not contain a tax, duty, customs, or exchange regulation of the same kind as the law of the Requesting State.
4. Where the offence has been committed outside the territory of the Requesting State, extradition shall be granted where the law of the Requested State provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested State does not so provide the Requested State may, in its discretion, grant extradition.
Extraditable Offences. Hot pursuit shall be carried out only under the following general conditions:
Extraditable Offences. OPTION 1 FOR PARAGRAPH 1
Extraditable Offences. 1. Extradition shall be granted only when the act for which the extradition is requested constitutes an offence under the laws of both Parties and meets one of the following conditions:
(a) where the request for extradition is aimed at conducting a criminal proceeding, the offence is punishable under the laws of both Parties by the penalty of imprisonment for a period of more than one year; or
(b) where the request for extradition is aimed at executing a sentence imposed, a period of sentence that remains to be served by the person sought is at least six months at the time when the request for extradition is made.
2. In determining whether an act constitutes an offence under the laws of both Parties in accordance with Paragraph 1 of this Article, it shall not matter whether the laws of both Parties place the act within the same category of offence or denominate the offence by the same terminology.
3. If the request for extradition concerns two or more acts each of which constitutes offence under the laws of both Parties and at least one of which fulfils the conditions provided for in Paragraph 1 of this Article, the Requested Party may grant extradition for all of those acts.
Extraditable Offences. 1. Extradition shall be granted in respect of criminal offences punishable, under the laws of both Parties, by imprisonment for a period of at least one year or by a more severe penalty. In determining whether an act constitutes an offence under the laws of each Party, no account shall be taken of whether or not the laws of the Parties classify that act in the same category of offences and describe it in identical terms.
2. In addition, if extradition is requested for the purpose of enforcing a sentence imposed by a court of the requesting Party, the remaining term of the sentence to be served must be at least six months at the time of the extradition request.
3. If the extradition request concerns several separate criminal offences, each of which is punishable under the laws of both Parties, at least one of which fulfils the conditions laid down in paragraph 1, the requested Party may also grant extradition for the other offences.
4. When extradition is requested for an offence against laws relating to taxation, customs duties, exchange controls or other tax matters, extradition may not be refused on the ground that the legislation of the requested Party does not impose the same type of taxes, duties or customs duties, or does not provide for rules similar to those of the requesting Party’s legislation on taxes, duties, customs duties or exchange controls.
Extraditable Offences. OPTION 1 FOR PARAGRAPH 1
(1) Extradition shall be granted for an extraditable offence, being an offence coming within any of the following descriptions of offences and which is punishable according to the laws of both Parties by imprisonment of not less than 12/24/48 months, or by a more severe penalty:
(i) murder of any degree;
(ii) manslaughter or culpable homicide;
(iii) an offence against the law relating to abortion;
(iv) maliciously or wilfully wounding or inflicting grievous bodily harm;
(v) assault occasioning actual bodily harm;
(vi) rape;
(vii) unlawful sexual intercourse with a female;
(viii) indecent assault;
(ix) procuring, or trafficking in, women or young persons for immoral purposes;
(x) kidnapping, abduction or false imprisonment, or dealing in slaves;
(xi) stealing, abandoning, exposing or unlawfully detaining a child;
(xii) the offering, giving or receiving of bribes;
(xiii) arson;
(xiv) an offence concerning counterfeit currency;
(xv) an offence against the law relating to forgery;
(xvi) stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property or credit by false pretences, receiving stolen property or any other offence in respect of property involving fraud;
(xvii) robbery;
(xviii) blackmail or extortion by means of threats or by abuse of authority;
(xix) an offence against bankruptcy law or company law;
(xx) malicious or wilful damage to property;
(xxi) acts done with the intention of endangering vehicles, vessels or aircraft;
(xxii) an offence against the law relating to psychotropic substances, dangerous drugs or narcotics;
(xxiii) piracy;
(xxiv) revolt against the authority of the master of a ship or the commander of an aircraft;
(xxv) hijacking and other acts endangering safety of aircraft and acts endangering the safety of an international airport;
(xxvi) any terrorism financing offence;
(xxvii) hijacking of ships, destroying or damaging a ship, other acts endangering or likely to endanger safe navigation and offences involving threats thereof;
(xxviii) an offence against the law relating to benefits derived from the offering, giving or receiving of bribes, drug trafficking, and other serious crimes as defined in the United Nations Convention against Transnational Organised Crime;
(xxix) perjury or subornation of perjury or conspiring to defeat the course of justice;
(xxx) burglary, house-breaking or any similar offence;
(xxxi) any other offence which is made extraditable by the extradition la...
Extraditable Offences. 1. For the purpose of this Treaty, extradition shall be granted for acts or omissions which are punishable under the laws of both Contracting States by imprisonment or other deprivation of liberty for a maximum period of at least one year or by a more severe penalty. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty, extradition shall be granted only if a period of at least six months of the penalty remains to be served.
2. For the purpose of this Article:
a) it shall not matter whether the laws of the Contracting States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by different terminology;
b) the totality of the acts or omissions alleged against the person whose extradition is requested shall be taken into account in determining the constituent elements of the offence in the Requested State.
3. Subject to paragraph 1, an offence of a fiscal character is an extraditable offence.
4. If the request for extradition relates to a number of offences, each of which is punishable under the laws of both States, but some of which do not meet the other requirements of paragraph 1, the Requested State may also grant extradition for such offences.
Extraditable Offences. 1. An offence shall be an extraditable offence only if it is punishable under the law of both Contracting Parties by imprisonment for a period of more than one year, or by a more severe penalty. When the request for extradition relates to a person who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if the duration of the sentence still to be served amounts to at least four months.
2. For the purpose of this Article, it shall not matter:
(a) whether the laws of the Contracting Parties place the offence within the same category of offence or denominate the offence by the same terminology; or
(b) whether the offence is one for which United States federal law requires proof of interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court.
3. Subject to the conditions set forth in paragraph 1 of this Article, extradition shall also be granted for attempt and conspiracy to commit, aiding, abetting, counselling, procuring, inciting, or otherwise being an accessory to the commission of, an offence referred to in paragraph 1.
4. If extradition is granted for an extraditable offence, it may also be granted for any other offence for which extradition is requested that meets all the requirements for extradition other than the periods of imprisonment specified in paragraph 1 of this Article.
Extraditable Offences. 1. An offence shall be an extraditable offence if it is punishable under the laws of the requesting and requested States by deprivation of liberty for a maximum period of more than one year or by a more severe penalty. An offence shall also be an extraditable offence if it consists of an attempt or conspiracy to commit, or participation in the commission of, an extraditable offence. Where the request is for enforcement of the sentence of a person convicted of an extraditable offence, the deprivation of liberty remaining to be served must be at least four months.
2. If extradition is granted for an extraditable offence, it shall also be granted for any other offence specified in the request if the latter offence is punishable by one year's deprivation of liberty or less, provided that all other requirements for extradition are met.
3. For purposes of this Article, an offence shall be considered an extraditable offence:
(a) regardless of whether the laws in the requesting and requested States place the offence within the same category of offences or describe the offence by the same terminology;
(b) regardless of whether the offence is one for which United States federal law requires the showing of such matters as interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court; and
(c) in criminal cases relating to taxes, customs duties, currency control and the import or export of commodities, regardless of whether the laws of the requesting and requested States provide for the same kinds of taxes, customs duties, or controls on currency or on the import or export of the same kinds of commodities.
4. If the offence has been committed outside the territory of the requesting State, extradition shall be granted, subject to the other applicable requirements for extradition, if the laws of the requested State provide for the punishment of an offence committed outside its territory in similar circumstances. If the laws of the requested State do not provide for the punishment of an offence committed outside its territory in similar circumstances, the executive authority of the requested State, at its discretion, may grant extradition provided that all other applicable requirements for extradition are met.
Extraditable Offences. 1. An offence shall be an extraditable offence if it is punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year, or by a more severe penalty.