Extraditable Offenses Sample Clauses
Extraditable Offenses. Pursuit shall be subject to the following general conditions:
Extraditable Offenses. (a) An offense shall be an extraditable offense if it is punishable under the laws in both signatory countries by deprivation of liberty for a period of more than one year or by a more severe penalty.
(b) For purposes of extradition, it shall not matter whether the laws of the requesting and requested Signatory Governments place the offense within the same category of offenses or describe an offense by the same terminology.
Extraditable Offenses. 1. For the purpose of this Treaty, extraditable offenses are offenses which are punishable under the laws of both Parties by death, by life imprisonment, or by deprivation of liberty for a maximum period of at least one year.
2. In the case in which the person sought has been sentenced by a court of the Requesting Party for any extraditable offense, extradition shall be granted only if the person sought has been sentenced to death or if the sentence remaining to be served is at least four months.
3. For the purpose of this Article, in determining whether an offense is an offense against the laws of both Parties:
(a) it shall not matter whether the laws of the Parties place the conduct constituting the offense within the same category of offenses or denominate the offense by the same terminology; and
(b) the totality of the conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Parties, the constituent elements of the offense differ.
4. Notwithstanding the provisions of paragraph 3, where extradition of a person is sought for an offense against a law relating to taxation, customs duties or other revenue matter, or foreign exchange control, the offense shall be regarded as an offense against the laws of both Parties if the laws of the Requested Party have corresponding offenses with respect to the same category of taxation, customs duties or other revenue matter, or foreign exchange control.
5. If the request for extradition relates to a number of offenses, each of which is punishable under the laws of both Parties, but some of which do not meet the other requirements of paragraphs 1 and 2, the Requested Party may also grant extradition for such offenses provided that the person is to be extradited for at least one extraditable offense.
Extraditable Offenses. (1) Extraditable offenses, pursuant to the provisions of this Treaty, are:
(a) Offenses, regardless of whether listed in the Appendix to this Treaty or not, which are punishable under both the federal laws of the United States and the laws of Turkey by deprivation of liberty at least for a period exceeding one year or by a more severe penalty.
(b) Offenses listed in [*5] the Appendix to this Treaty which are punishable under both the laws of the Requesting Party and the Requested Party for at least a period exceeding one year or by a more severe penalty. For purposes of extradition, it shall not matter whether the laws of the Contracting Parties place the offense within the same category of offenses or describe an offense by the same terminology.
(2) Extradition shall be granted in respect of an extraditable offense for the enforcement of a penalty or prison sentence, if the duration of the penalty or prison sentence still to be served amounts to at least six months.
(3) Subject to the conditions set out in paragraph (1), extradition shall also be granted:
(a) For attempts to commit, or participation as principal, accomplice or accessory in any extraditable offense;
(b) For the offense of association to commit a crime under the laws of Turkey and for conspiracy under the laws of the United States when the facts establish an offense under the laws of both Contracting Parties;
(c) For any extraditable offense when, only for the purpose of granting jurisdiction to the United States Government, transportation, transmission of persons or property, the [*6] use of mails or other means of communication or use of other means of carrying out interstate or foreign commerce constitutes an element of the specific offense.
(4) When a request for extradition comprises several separate offenses and extradition has been granted for one of the extraditable offenses, it shall also be granted for other extraditable offenses which could not otherwise fulfill the requirements of paragraphs (1) and (2) above as related to the deprivation of liberty to be served or duration of the penalty to be enforced in the Requesting Party. ARTICLE 3
Extraditable Offenses. 1. An offense shall be an extraditable offense if it is punishable under the laws in both Contracting States by deprivation of liberty, including imprisonment, for a period of more than one year or by a more severe penalty.
2. An offense shall also be an extraditable offense if it consists of an attempt or a conspiracy to commit, aiding or abetting, counselling or procuring the commission of or being an accessory before or after the fact to, any offense described in paragraph 1.
3. For the purposes of this Article, an offense shall be an extraditable offense:
(a) whether or not the laws in the Contracting States place the offense within the same category of offenses or describe the offense by the same terminology;
(b) whether or not the offense 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; or
(c) whether or not it relates to taxation or revenue or is one of a purely fiscal character.
4. Extradition shall be granted for an extraditable offense regardless of where the act or acts constituting the offense were committed.
5. If extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in the request, even if the latter offense is punishable by less than one year's deprivation of liberty, provided that all other requirements for extradition are met.
Extraditable Offenses. Pg. 2-2 to 2-3
Extraditable Offenses. 1. An offense shall be an extraditable offense if it is punishable under the laws in both States by deprivation of liberty for a period of more than one year or by a more severe penalty.
2. An offense shall also be an extraditable offense if it consists of an attempt or a conspiracy to commit, or participation in the commission of any offense described in paragraph 1.
3. For the purposes of this Article, an offense shall be an extraditable offense:
(a) whether or not the laws in the Requesting and Requested States place the offense within the same category of offenses or describe the offense by the same terminology; or
(b) whether or not the offense 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.
4. Extradition shall be granted for an extraditable offense regardless of where the act or acts constituting the offense were committed.
5. If extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in the request even if the latter offense is punishable by one year's deprivation of liberty or less, provided that all other requirements for extradition are met.
Extraditable Offenses. 1. An offense shall be an extraditable offense if it is punishable under the laws in both Parties by deprivation of liberty for a maximum period of more than one year or by a more severe penalty. When the request for extradition refers to a person found guilty of such a crime who is sought for the service of a sentence, extradition shall be granted only if the remainder of the sentence to be served is at least six months.
2. An offense shall also be an extraditable offense if it consists of:
(a) an attempt to commit any offense described in paragraph 1;
(b) a conspiracy as defined under the laws in the United States of America, or an illicit association as defined under the laws in the Argentine Republic, to commit any offense described in paragraph 1; or
(c) participation in the commission of any offense described in paragraph 1.
1 TIAS 7510; 23
Extraditable Offenses. 1. An offense shall be an extraditable offense if it is punishable under the laws in both Contracting States by deprivation of liberty, including imprison ment, for a period of more than one year or by a more severe penalty.
2. An offense shall also be an extraditable offense if it consists of an attempt or a conspiracy to commit, aiding or abetting, counselling or procuring
1 TS 849; 12 Xxxxxx 482. TIAS 12873 the commission of or being an accessory before or after the fact to, any offense described in paragraph 1.
3. For the purposes of this Article, an offense shall be an extraditable offense:
(a) whether or not the laws in the Contracting States place the offense within the same category of offenses or describe the offense by the same terminology;
(b) whether or not the offense 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 com merce, such matters being merely for the purpose of establishing juris diction in a United States federal court; or
(c) whether or not it relates to taxation or revenue or is one of a purely fiscal character.
4. Extradition shall be granted for an extraditable offense regardless of where the act or acts constituting the offense were committed.
5. If extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in the request, even if the latter offense is punishable by less than one year’s deprivation of liberty, provided that all other requirements for extradition are met.
Extraditable Offenses. 1. An offense shall be an extraditable offense 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.
2. An offense shall also be an extraditable offense if it consists of an attempt or a conspiracy to commit, aiding or abetting, counselling [*48] or procuring the commission of, or being an accessory before or after the fact to, any offense described in paragraph 1.
3. For the purposes of this Article, an offense shall be an extraditable offense:
(a) whether or not the laws in the Contracting States place the offense within the same category of offenses or describe the offense by the same terminology; or
(b) whether or not the offense 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.
4. Where the offense was committed outside of the territory of the Requesting State, if the laws in the Requested State:
(a) provide for punishment of an offense committed outside of its territory in similar circumstances, extradition shall be granted in accordance with this treaty; or
(b) do not provide for punishment of an offense committed outside of its territory in similar circumstances, extradition may nonetheless be granted in the discretion of the executive authority of the Requested [*49] State, provided that all other requirements of this Treaty are met.
5. If extradition has been granted for an extraditable offense, it may also be granted for any other offense specified in the request even if the latter offense is punishable by less than one year's deprivation of liberty, provided that all other requirements for extradition are met.