Offences. (1) Surrender of fugitive offenders shall be granted for an offence coming within any of the following descriptions of offences in so far as it is according to the laws of both Parties punishable by imprisonment or other form of detention for at least one year, or by a more severe penalty- (i) Murder, manslaughter or culpable homicide (ii) Aiding, abetting, counselling or procuring suicide (iii) Maliciously wounding; inflicting grievous bodily harm; assault occasioning actual bodily harm or causing injury whether by means of a weapon, a dangerous substance or otherwise (iv) Bigamy (v) Rape (vi) An offence relating to women and girls (vii) Indecent assault (viii) Stealing, abandoning, exposing or unlawfully detaining a child (ix) Gross indecency with a child (x) Kidnapping; abduction; false imprisonment or unlawful detention, including the taking of a hostage; dealing in slaves (xi) Offences against the law relating to drugs, including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substances (xii) Obtaining property or pecuniary advantage by deception; cheating; criminal breach of trust; embezzlement or criminal misappropriation; theft; robbery; burglary; blackmail; handling or receiving stolen goods; false accounting or any other offence in respect of property involving fraud (xiii) Offences relating to fiscal matters, taxes or duties, notwithstanding that the law of the requested Party does not impose the same kind of tax or duty or does not contain a tax, duty or customs regulation of the same kind as the law of the requesting Party (xiv) Smuggling; offences against laws relating to the import and export of prohibited items, including historical and archaeological and other items (xv) Conspiracy to commit fraud or to defraud (xvi) Offences against bankruptcy law (xvii) False statements by company directors and other officers (xviii) Any offence against the law relating to false or misleading trade descriptions; counterfeiting of coins; or forgery or uttering what is forged (xix) An offence against the laws relating to corruption, including bribery, secret commissions, and breach of trust (xx) Perjury and subornation of perjury; attempting to pervert the course of justice (xxi) Criminal damage, including arson, damaging property whether used for public utilities or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangered (xxii) Offences involving the unlawful use of computers (xxiii) An offence against the law relating to firearms, including but not limited to the possession of a firearm or ammunition by a person who intends either himself or through another person to endanger life or the use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person (xxiv) An offence against the law relating to explosives, including but not limited to the causing of an explosion likely to endanger life or cause serious damage to property or the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property (xxv) Sinking or destroying a vessel at sea; assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm; revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master (xxvi) Piracy, involving ships or aircraft, according to international law (xxvii) Genocide or conspiracy or direct and public incitement to commit genocide (xxviii) Unlawful use, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation (xxix) Impeding the arrest or prosecution of a person who has or is believed to have committed an offence for which surrender may be granted under this Agreement and which is punishable according to the laws of both Parties by imprisonment or other form of detention of a period of five years or more (xxx) Offences against the laws relating to the protection of public health and the environment (xxxi) Offences relating to the possession or laundering of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreement (xxxii) Offences for which fugitive offenders may be surrendered under International Conventions currently applied (xxxiii) Aiding, abetting, counselling or procuring the commission of, inciting, being an accessory before or after the fact to or attempting or conspiring to commit any offence for which surrender may be granted under this Agreement (xxxiv) Any other offences not referred to in the previous items of this paragraph, which are punishable by imprisonment or other form of detention for at least one year or by a more severe penalty and which are also offences for which surrender may be granted in accordance with the laws of both Parties. (2) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence, a further requirement shall be that in the case of a period of imprisonment or detention at least six months remain to be served. (3) For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the requesting Party. (4) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence the requested Party may refuse to surrender him if it appears that the conviction was obtained in his absence, unless he has the opportunity to have his case retried in his presence, in which case he shall be considered as an accused person under this Agreement.
Appears in 1 contract
Samples: Extradition Treaty
Offences. (1) Surrender of fugitive offenders shall be granted for an offence coming within any of the following descriptions of offences in so far as it is according to the laws of both Parties punishable by imprisonment or other form of detention for at least more than one year, or by a more severe penalty-penalty:
(i) Murder, manslaughter or culpable homicideoffences relating to the unlawful taking of human life;
(ii) Aidinggenocide;
(iii) offences relating to unlawful wounding or injuring; assault including assault occasioning bodily harm and threats to kill; intentional or reckless endangering of life;
(iv) aiding, abetting, counselling or procuring suicide
(iii) Maliciously wounding; inflicting grievous bodily harm; assault occasioning actual bodily harm or causing injury whether by means of a weapon, a dangerous substance or otherwise
(iv) Bigamy;
(v) Rapeoffences relating to the unlawful termination of pregnancy;
(vi) An offence relating to women and girlskidnapping; abduction; false imprisonment; unlawful confinement; dealing in slaves or other persons; taking a hostage;
(vii) Indecent assault
(viii) Stealingstealing, abandoning, exposing or unlawfully detaining a child; any other offences involving the exploitation of children;
(viii) offences of a sexual nature including rape, sexual assault, indecent assault and unlawful sexual acts upon children; statutory sexual offences;
(ix) Gross indecency with a childoffences against laws relating to prostitution and premises kept for the purposes of prostitution;
(x) Kidnapping; abduction; false imprisonment or unlawful detention, including the taking of a hostage; dealing in slaves
(xi) Offences offences against the law laws relating to drugs, including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substances;
(xiixi) Obtaining property or pecuniary advantage by deceptiontheft, robbery, burglary (including breaking and entering); cheating; criminal breach of trust; embezzlement or criminal misappropriation; theft; robbery; burglary; blackmailblackmail and extortion; handling or receiving stolen goodsproperty; false accounting or any other offence in respect against the law relating to unlawful deprivation of property involving fraudproperty;
(xii) criminal damage to property; arson;
(xiii) Offences offences involving the unlawful use of computers;
(xiv) offences against the laws relating to fraudulent activities; obtaining property, money, valuable securities or pecuniary advantage by false pretences or deception; embezzlement; conspiracy to defraud; false accounting;
(xv) offences relating to fiscal matters, taxes or duties, notwithstanding that the law of the requested Party does not impose the same kind of tax or duty or does not contain a tax, duty duty, or customs regulation of the same kind as the law of the requesting Party;
(xivxvi) Smugglingoffences against the law relating to counterfeiting; forgery; uttering a forged or false document;
(xvii) offences against the laws relating to bankruptcy or insolvency;
(xviii) offences against the laws relating to companies and securities;
(xix) offences against the laws relating to corruption, including bribery, secret commissions, and breach of trust;
(xx) offences against the laws relating to the administration of justice; perjury; subornation of perjury; attempting to pervert the course of justice;
(xxi) offences relating to unlawful escape from custody; mutiny in prison;
(xxii) offences against the laws relating to firearms, ammunition or explosives;
(xxiii) unlawful use, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation;
(xxiv) piracy;
(xxv) offences against the laws relating to the protection of public health and the environment;
(xxvi) smuggling; offences against laws relating to the import and export of prohibited items, including historical and archaeological and other items
(xv) Conspiracy to commit fraud or to defraud
(xvi) Offences against bankruptcy law
(xvii) False statements by company directors and other officers
(xviii) Any offence against the law relating to false or misleading trade descriptions; counterfeiting of coins; or forgery or uttering what is forged
(xix) An offence against the laws relating to corruption, including bribery, secret commissions, and breach of trust
(xx) Perjury and subornation of perjury; attempting to pervert the course of justice
(xxi) Criminal damage, including arson, damaging property whether used for public utilities or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangered
(xxii) Offences involving the unlawful use of computers
(xxiii) An offence against the law relating to firearms, including but not limited to the possession of a firearm or ammunition by a person who intends either himself or through another person to endanger life or the use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person
(xxiv) An offence against the law relating to explosives, including but not limited to the causing of an explosion likely to endanger life or cause serious damage to property or the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property
(xxv) Sinking or destroying a vessel at sea; assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm; revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master
(xxvi) Piracy, involving ships or aircraft, according to international law;
(xxvii) Genocide or conspiracy or direct and public incitement to commit genocidefacilitating for gain the illegal immigration of persons;
(xxviii) Unlawful use, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation
(xxix) Impeding the arrest or prosecution of a person who has or is believed to have committed an offence offences for which surrender may be granted under this Agreement and international conventions binding on the Parties; offences created as a result of decisions of international organisations which is punishable according to are binding on the laws of both Parties by imprisonment or other form of detention of a period of five years or moreParties;
(xxxxxix) Offences against the laws relating to the protection of public health and the environment
(xxxi) Offences offences relating to the possession or laundering of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreement;
(xxxiixxx) Offences for which fugitive offenders may be surrendered under International Conventions currently applied
(xxxiii) Aidingaiding, abetting, counselling or procuring the commission of, inciting, being an accessory before or after the fact to to, or attempting or conspiring to commit any offence for which surrender may be granted under this Agreement;
(xxxivxxxi) Any any other offences not referred to in the previous items of this paragraph, which are punishable by imprisonment or other form of detention for at least one year or by a more severe penalty and which are also offences for which surrender may be granted in accordance with the laws of both Parties.
(2) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence, a further requirement shall be that in the case of a period of imprisonment or detention at least six months remain to be served.
(3) For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the requesting Party.
(4) Where surrender For the purposes of a fugitive offender is requested for paragraph (1) of this Article, an offence shall be an offence according to the purpose laws of carrying out a sentence both Parties if the conduct constituting the offence was an offence against the law of the requesting Party at the time it was committed and an offence against the law of the requested Party may refuse to at the time the request for surrender him if it appears that the conviction was obtained in his absence, unless he has the opportunity to have his case retried in his presence, in which case he shall be considered as an accused person under this Agreementis received.
Appears in 1 contract
Samples: Extradition Treaty
Offences. (1) Surrender of fugitive offenders shall be granted for an offence coming within any of the following descriptions of offences in so far as it is according to the laws of both Parties punishable by imprisonment or other form of detention for at least more than one year, or by a more severe penalty-penalty:
(i1) Murdermurder or manslaughter, manslaughter or including criminal negligence causing death; culpable homicide; assault with intent to commit murder
(ii2) Aidingaiding, abetting, counselling or procuring suicide
(iii3) Maliciously maliciously wounding; maiming; inflicting grievous of actual bodily harm; assault occasioning actual bodily harm harm; threats to kill; intentional or causing injury reckless endangering of life whether by means of a weapon, a dangerous substance or otherwise; offences relating to unlawful wounding or injuring
(iv4) Bigamyoffences of a sexual nature including rape; sexual assault; indecent assault; unlawful sexual acts on children; statutory sexual offences
(v5) Rapegross indecency with a child, a mental defective or an unconscious person
(vi6) An kidnapping; abduction; false imprisonment; unlawful confinement; dealing or trafficking in slaves or other persons; taking a hostage
(7) criminal intimidation
(8) offences against the law relating to dangerous drugs including narcotics and psychotropic substances
(9) obtaining property or pecuniary advantage by deception; theft; robbery; burglary (including breaking and entering); embezzlement; blackmail; extortion; unlawful handing or receiving of property; false accounting; any other offence in respect of property or fiscal matters involving fraud; any offence against the law relating to unlawful deprivation of property
(10) offences against bankruptcy law or insolvency
(11) offences against the law relating to companies including offences committed by officers, directors, and promoters
(12) any offence relating to women and girlscounterfeiting; any offence against the law relating to forgery or uttering what is forged
(vii13) Indecent assaultan offence against the laws relating to protection of intellectual property, copyrights, patents or trademarks
(viii14) Stealingan offence against the laws relating to bribery, corruption, secret commissions, and breach of trust
(15) perjury and subornation of perjury
(16) offences relating to the perversion or obstruction of the course of justice
(17) arson; criminal damage or mischief including mischief in relation to computer data
(18) an offence against the law relating to firearms
(19) an offence against the law relating to explosives
(20) an offence against laws relating to environmental pollution or protection of public health
(21) mutiny or any mutinous act committed on board a vessel at sea
(22) piracy involving ships or aircraft, according to international law
(23) unlawful seizure or exercise of control of an aircraft of other means of transportation
(24) facilitating or permitting the escape of a person from custody
(25) an offence against the laws relating to the control of exportation or importation of goods of any type,
(26) smuggling; offences against the laws relating to import and export of prohibited items, including historical and archaeological items
(27) immigration offences including fraudulent acquisition or use of a passport or visa
(28) arranging or facilitating for financial gain, the illegal entry of persons into the jurisdiction of the Requesting Party
(29) an offence relating to gambling or lotteries
(30) offences relating to the unlawful termination of pregnancy
(31) stealing, abandoning, exposing or unlawfully detaining a child; any other offences involving the exploitation of children
(ix32) Gross indecency with a childoffences against the laws relating to prostitution and premises kept for the purposes of prostitution
(x33) Kidnapping; abduction; false imprisonment or offences involving the unlawful detention, including the taking use of a hostage; dealing in slaves
computers (xi34) Offences against the law relating to drugs, including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substances
(xii) Obtaining property or pecuniary advantage by deception; cheating; criminal breach of trust; embezzlement or criminal misappropriation; theft; robbery; burglary; blackmail; handling or receiving stolen goods; false accounting or any other offence in respect of property involving fraud
(xiii) Offences offences relating to fiscal matters, taxes or duties, notwithstanding that the law of the requested Requested Party does not impose the same kind of tax or duty or does not contain a tax, tax duty or customs regulation of the same kind as the law of the requesting Requesting Party
(xiv35) Smuggling; offences against laws relating to the import and export of prohibited items, including historical and archaeological and other itemsunlawful escape from custody; mutiny in prison (36) bigamy
(xv37) Conspiracy to commit fraud or to defraud
(xvi) Offences against bankruptcy law
(xvii) False statements by company directors and other officers
(xviii) Any any offence against the law relating to false or misleading trade descriptions; counterfeiting of coins; or forgery or uttering what is forged
(xix38) An offence against the laws offences relating to corruption, including bribery, secret commissions, and breach of trust
(xx) Perjury and subornation of perjury; attempting to pervert the course of justice
(xxi) Criminal damage, including arson, damaging property whether used for public utilities or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangered
(xxii) Offences involving the unlawful use of computers
(xxiii) An offence against the law relating to firearms, including but not limited to the possession or laundering of a firearm or ammunition by a person who intends either himself or through another person to endanger life or proceeds obtained from the use commission of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another personany offence for which surrender may be granted under this Agreement
(xxiv39) An offence against the law relating to explosives, including but not limited to the causing of an explosion likely to endanger life or cause serious damage to property or the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property
(xxv) Sinking or destroying a vessel at sea; assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm; revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master
(xxvi) Piracy, involving ships or aircraft, according to international law
(xxvii) Genocide or conspiracy or direct and public incitement to commit genocide
(xxviii) Unlawful use, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation
(xxix) Impeding impeding the arrest or prosecution of a person who has or is believed to have committed an offence for which surrender may be granted under this Agreement and which is punishable according to the laws of both Parties by imprisonment or other form of detention of a period of five years or more
(xxx40) Offences against the laws relating to the protection of public health and the environment
(xxxi) Offences relating to the possession or laundering of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreement
(xxxii) Offences offences for which fugitive offenders may be surrendered under International Conventions currently applied
(xxxiii) Aiding, abetting, counselling or procuring international conventions binding on the commission of, inciting, being an accessory before or after the fact to or attempting or conspiring to commit any offence for which surrender may be granted under this Agreement
(xxxiv) Any other Parties; offences not referred to in the previous items created as a result of this paragraph, decisions of international organisations which are punishable by imprisonment or other form of detention for at least one year or by a more severe penalty and which are also offences for which surrender may be granted in accordance with binding on the laws of both Parties.
(2) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence, a further requirement shall be that in the case of a period of imprisonment or detention at least six months remain to be served.
(3) For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the requesting Party.
(4) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence the requested Party may refuse to surrender him if it appears that the conviction was obtained in his absence, unless he has the opportunity to have his case retried in his presence, in which case he shall be considered as an accused person under this Agreement.
Appears in 1 contract
Samples: Extradition Treaty
Offences. (1) . Surrender of fugitive offenders shall be granted for an offence coming within any of the following descriptions of offences in so far as it is according to the laws of both Parties punishable by imprisonment or other form of detention for at least one yearyear or more, or by a more severe penalty-penalty:
(i) Murdermurder (including attempted murder) or manslaughter, manslaughter or culpable homicideincluding criminal negligence causing death;
(ii) Aidingaiding, abetting, counselling or procuring suicide;
(iii) Maliciously maliciously wounding; maiming; inflicting grievous or actual bodily harm; assault occasioning actual bodily causing harm or causing injury serious harm to another person, threats to kill; intentional or reckless endangering of life whether by means of a weapon, a dangerous substance or otherwise, offences relating to unlawful wounding or injuring;
(iv) Bigamyoffences of a sexual nature including rape; sexual assault; indecent assault; unlawful sexual acts on children; child pornography; statutory sexual offences;
(v) Rapegross indecency with a child, a mental defective or an unconscious person;
(vi) An offence relating to women and girlskidnapping; abduction; false imprisonment; unlawful confinement; dealing or trafficking in slaves or other persons; taking a hostage;
(vii) Indecent assaultcriminal intimidation;
(viii) Stealing, abandoning, exposing or unlawfully detaining a child
(ix) Gross indecency with a child
(x) Kidnapping; abduction; false imprisonment or unlawful detention, including the taking of a hostage; dealing in slaves
(xi) Offences offences against the law relating to drugs, illegal drugs including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substancessubstances and offences related to the proceeds of drug trafficking;
(xiiix) Obtaining obtaining property or pecuniary advantage by deception; cheating; criminal breach of trust; embezzlement or criminal misappropriation; theft; robbery; burglaryburglary (including breaking and entering); embezzlement; blackmail; extortion; unlawful handling or receiving stolen goodsof property; false accounting or accounting; any other offence in respect of property or fiscal matters involving fraud; any offence against the law relating to unlawful deprivation of property;
(x) offences against bankruptcy law or insolvency;
(xi) offences against the law relating to companies including offences committed by officers, directors, and promoters;
(xii) offences relating to securities and futures trading;
(xiii) Offences any offence relating to fiscal matters, taxes or duties, notwithstanding that counterfeiting; any offence against the law of the requested Party does not impose the same kind of tax relating to forgery or duty or does not contain a tax, duty or customs regulation of the same kind as the law of the requesting Partyuttering what is forged;
(xiv) Smugglingan offence against the laws relating to protection of intellectual property, copyrights, patents or trademarks;
(xv) an offence against the law relating to bribery, corruption, secret commissions, and breach of trust;
(xvi) perjury and subornation of perjury;
(xvii) offences relating to the perversion or obstruction of the course of justice;
(xviii) arson; criminal damage including offences in relation to computer data;
(xix) an offence against the law relating to firearms;
(xx) an offence against the law relating to explosives;
(xxi) an offence against laws relating to environmental pollution or protection of public health;
(xxii) mutiny or any mutinous act committed on board a vessel at sea;
(xxiii) piracy involving ships or aircraft, according to international law;
(xxiv) unlawful seizure or exercise of control of an aircraft or other means of transportation;
(xxv) genocide or direct and public incitement to commit genocide;
(xxvi) facilitating or permitting the escape of a person from lawful custody;
(xxvii) an offence against the laws relating to the control of exportation or importation of goods of any type, or the international transfer of funds;
(xxviii) smuggling; offences against the laws relating to import and export of prohibited items, including historical and archaeological items and other itemswildlife and endangered species;
(xvxxix) Conspiracy to commit fraud immigration offences including fraudulent acquisition or to defrauduse of a passport or visa;
(xvixxx) Offences against bankruptcy lawarranging or facilitating for financial gain, the illegal entry of persons into the jurisdiction of the requesting Party;
(xviixxxi) False statements by company directors and other officersan offence relating to gambling or lotteries;
(xviiixxxii) Any offences relating to the unlawful termination of pregnancy; (xxxiii)stealing, abandoning, neglecting or unlawfully detaining a child: any other offence involving the exploitation of children;
(xxxiv) offences against the laws relating to prostitution and premises kept for the purposes of prostitution;
(xxxv) offences involving the unlawful use of computers;
(xxxvi) revenue offences, including offences relating to fiscal matters, taxes or duties and customs;
(xxxvii) offences relating to the unlawful escape from custody;
(xxxviii) bigamy;
(xxxix) any offence against the law relating to false or misleading trade descriptions; counterfeiting of coins; or forgery or uttering what is forged;
(xixxl) An offence against the laws offences relating to corruption, including bribery, secret commissions, and breach of trust
(xx) Perjury and subornation of perjury; attempting to pervert the course of justice
(xxi) Criminal damage, including arson, damaging property whether used for public utilities or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangered
(xxii) Offences involving the unlawful use of computers
(xxiii) An offence against the law relating to firearms, including but not limited to the possession or laundering of a firearm or ammunition by a person who intends either himself or through another person to endanger life or proceeds obtained from the use commission of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person
any offence for which surrender may be granted under this Agreement; (xxivxli) An offence against the law relating to explosives, including but not limited to the causing of an explosion likely to endanger life or cause serious damage to property or the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property
(xxv) Sinking or destroying a vessel at sea; assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm; revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master
(xxvi) Piracy, involving ships or aircraft, according to international law
(xxvii) Genocide or conspiracy or direct and public incitement to commit genocide
(xxviii) Unlawful use, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation
(xxix) Impeding impeding the arrest or prosecution of a person who has or is believed to have committed an offence for which surrender may be granted under this Agreement and which is punishable according to the laws of both Parties by imprisonment or other form of detention of a period of five years or more
Agreement; (xxxxlii) Offences against the laws relating to the protection of public health and the environment
(xxxi) Offences relating to the possession or laundering of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreement
(xxxii) Offences offences for which fugitive offenders may be surrendered under International Conventions currently applied
(xxxiii) Aiding, abetting, counselling or procuring international conventions binding on the commission of, inciting, being an accessory before or after the fact to or attempting or conspiring to commit any offence for which surrender may be granted under this Agreement
(xxxiv) Any other Parties; offences not referred to in the previous items created as a result of this paragraph, decisions of international organisations which are punishable by imprisonment or other form of detention for at least one year or by a more severe penalty and which are also offences for which surrender may be granted in accordance with binding on the laws of both Parties.
(2) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence, a further requirement shall be that in the case of a period of imprisonment or detention at least six months remain to be served.
(3) For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the requesting Party.
(4) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence the requested Party may refuse to surrender him if it appears that the conviction was obtained in his absence, unless he has the opportunity to have his case retried in his presence, in which case he shall be considered as an accused person under this Agreement.;
Appears in 1 contract
Samples: Agreement Concerning Surrender of Fugitive Offenders
Offences. (1) Surrender of fugitive offenders shall be granted for an offence coming within any of the following descriptions of offences in so far insofar as it is according to the laws of both Parties punishable by imprisonment or other form of detention for at least more than one year, or by a more severe penalty-penalty;
(i) Murder, manslaughter or culpable homicideoffences relating to the unlawful taking of human life;
(ii) Aidinggenocide;
(iii) offences relating to unlawful wounding or injuring; assault including assault occasioning bodily harm and threats to kill; intentional or reckless endangering of life;
(iv) aiding, abetting, counselling or procuring suicide
(iii) Maliciously wounding; inflicting grievous bodily harm; assault occasioning actual bodily harm or causing injury whether by means of a weapon, a dangerous substance or otherwise
(iv) Bigamy;
(v) Rapeoffences relating to the unlawful termination of pregnancy;
(vi) An offence relating to women and girlskidnapping; abduction; false imprisonment; unlawful confinement; dealing in slaves or other persons; taking a hostage;
(vii) Indecent assault
(viii) Stealingstealing, abandoning, exposing or unlawfully detaining a child; any other offences involving the exploitation of children;
(viii) offences of a sexual nature including rape, sexual assault, indecent assault and unlawful sexual acts upon children; statutory sexual offences;
(ix) Gross indecency with a childoffences against laws relating to prostitution and premises kept for the purposes of prostitution;
(x) Kidnapping; abduction; false imprisonment or unlawful detention, including the taking of a hostage; dealing in slaves
(xi) Offences offences against the law laws relating to drugs, including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substances;
(xiixi) Obtaining property or pecuniary advantage by deceptiontheft, robbery, burglary (including breaking and entering); cheating; criminal breach of trust; embezzlement or criminal misappropriation; theft; robbery; burglary; blackmailblackmail and extortion; handling or receiving stolen goodsproperty; false accounting or any other offence in respect against the law relating to unlawful deprivation of property involving fraudproperty;
(xii) criminal damage to property; arson;
(xiii) Offences offences against the laws relating to fraudulent activities; obtaining property, money, valuable securities or pecuniary advantage by false pretences or deception; embezzlement; conspiracy to defraud; false accounting;
(xiv) offences relating to fiscal matters, taxes or duties, notwithstanding that the law of the requested Party does not impose the same kind of tax or duty or does not contain a tax, duty or customs regulation of the same kind as the law of the requesting Party
(xiv) Smuggling; offences against laws relating to the import and export of prohibited items, including historical and archaeological and other items;
(xv) Conspiracy to commit fraud or to defraud
(xvi) Offences against bankruptcy law
(xvii) False statements by company directors and other officers
(xviii) Any offence offences against the law relating to counterfeiting; forgery; uttering a forged or false or misleading trade descriptions; counterfeiting of coins; or forgery or uttering what is forgeddocument;
(xixxvi) An offence offences against the laws relating to bankruptcy or insolvency;
(xvii) offences against the laws relating to companies and securities;
(xviii) offences against the laws relating to corruption, including bribery, secret commissions, and breach of trust;
(xxxix) Perjury and offences against the laws relating to the administration of justice; perjury; subornation of perjury; attempting to pervert the course of justice;
(xx) offences relating to unlawful escape from custody;
(xxi) Criminal damageoffences against the laws relating to firearms, including arson, damaging property whether used for public utilities ammunition or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangeredexplosives;
(xxii) Offences involving the unlawful use of computers
(xxiii) An offence against the law relating to firearms, including but not limited to the possession of a firearm or ammunition by a person who intends either himself or through another person to endanger life or the use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person
(xxiv) An offence against the law relating to explosives, including but not limited to the causing of an explosion likely to endanger life or cause serious damage to property or the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property
(xxv) Sinking or destroying a vessel at sea; assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm; revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master
(xxvi) Piracy, involving ships or aircraft, according to international law
(xxvii) Genocide or conspiracy or direct and public incitement to commit genocide
(xxviii) Unlawful use, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation;
(xxixxxiii) Impeding the arrest or prosecution of a person who has or is believed to have committed an offence for which surrender may be granted under this Agreement and which is punishable according to the laws of both Parties by imprisonment or other form of detention of a period of five years or morepiracy;
(xxxxxiv) Offences mutiny, or any mutinous act committed on board a vessel at sea;
(xxv) offences against the laws relating to the protection of public health and the environment;
(xxxixxvi) Offences smuggling, offences relating to the laws against the import and export of prohibited items, including historical and archeological items;
(xxvii) facilitating for gain the illegal immigration of persons;
(xxviii) offences for which surrender may be granted under international conventions binding on the Parties, offences created as a result of decisions of international organisations which are binding on the Parties;
(xxix) offences relating to the possession or laundering of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreement;
(xxxiixxx) Offences for which fugitive offenders may be surrendered under International Conventions currently applied
(xxxiii) Aidingaiding, abetting, counselling or procuring the commission of, inciting, being an accessory before or after the fact to to, or attempting or conspiring to commit any offence for which surrender may be granted of the offences mentioned in items (i) to (xxix) of this paragraph when any such act or omission is punishable under this Agreementthe laws of both Parties; and
(xxxivxxxi) Any any other offences not referred to in the previous items of this paragraph, which are punishable by imprisonment or other form of detention for at least one year or by a more severe penalty and which are also offences for which surrender may be granted in accordance with the laws of both Parties.
(2) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence, a further requirement shall be that in the case of a period of imprisonment or detention at least six months remain to be served.
(3) For the purposes purpose of this Article, in determining whether an offence is an offence punishable under the laws of both Parties Parties; the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account account, without reference to the elements of the offence prescribed by the law of the requesting Party.
(4) Where surrender of a fugitive offender is requested for For the purpose of carrying out a sentence paragraph (1) of this Article, an offence shall be an offence according to the laws of both Parties if the conduct constituting the offence was an offence against the law of the requesting Party at the time it was committed and an offence against the law of the requested Party may refuse to at the time the request for surrender him if it appears that the conviction was obtained in his absence, unless he has the opportunity to have his case retried in his presence, in which case he shall be considered as an accused person under this Agreementis received.
Appears in 1 contract
Samples: Extradition Treaty
Offences. (1) Surrender of fugitive offenders shall be granted for an offence coming within any of the following descriptions of offences in so far as it is according to the laws of both Parties punishable by imprisonment or other form of detention for at least more than one year, or by a more severe penalty-penalty:
(i) Murder1. murder or manslaughter, manslaughter or including causing death by criminal negligence; culpable homicide
(ii) Aiding; assault with intent to commit murder 2. aiding, abetting, counselling or procuring suicide
(iii) Maliciously wounding3. maiming; inflicting grievous or actual bodily harm; assault occasioning actual bodily harm harm; threats to kill; intentional or causing injury reckless endangering of life whether by means of a weapon, a dangerous substance or otherwise
(iv) Bigamy
(v) Rape
(vi) An offence ; offences relating to women and girlsunlawful wounding or injuring
(vii) Indecent 4. offences of a sexual nature including rape; sexual assault; indecent assault; unlawful sexual acts on children; statutory sexual offences
(viii) Stealing, abandoning, exposing or unlawfully detaining a child
(ix) Gross 5. gross indecency with a child, a mental defective or an unconscious person
(x) Kidnapping6. kidnapping; abduction; false imprisonment imprisonment; unlawful confinement; dealing or unlawful detention, including the trafficking in slaves or other persons; taking of a hostage; dealing in slaves
(xi) Offences 7. criminal intimidation
8. offences against the law relating to drugs, dangerous drugs including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substancessubstances and offences related to the proceeds of drug trafficking
(xii) Obtaining 9. obtaining property or pecuniary advantage by deception; cheating; criminal breach of trust; embezzlement or criminal misappropriation; theft; robbery; burglaryburglary (including breaking and entering); embezzlement; blackmail; extortion; unlawful handling or receiving stolen goodsof property; false accounting or falsification of accounts; any other offence in respect of property or fiscal matters involving fraud
(xiii) Offences relating to fiscal matters, taxes or duties, notwithstanding that the law of the requested Party does not impose the same kind of tax or duty or does not contain a tax, duty or customs regulation of the same kind as the law of the requesting Party
(xiv) Smuggling; offences against laws relating to the import and export of prohibited items, including historical and archaeological and other items
(xv) Conspiracy to commit fraud or to defraud
(xvi) Offences against bankruptcy law
(xvii) False statements by company directors and other officers
(xviii) Any any offence against the law relating to false unlawful deprivation of property 10. offences against bankruptcy law or misleading trade descriptionsinsolvency
11. offences against the law relating to companies including offences committed by officers, directors, and promoters 12. offences relating to securities and futures trading
13. any offence relating to counterfeiting; counterfeiting of coins; or any offence against the law relating to forgery or uttering what is forged
(xix) An offence against the laws relating to corruption, including bribery, secret commissions, and breach of trust
(xx) Perjury and subornation of perjury; attempting to pervert the course of justice
(xxi) Criminal damage, including arson, damaging property whether used for public utilities or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangered
(xxii) Offences involving the unlawful use of computers
(xxiii) An offence against the law relating to firearms, including but not limited to the possession of a firearm or ammunition by a person who intends either himself or through another person to endanger life or the use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person
(xxiv) An offence against the law relating to explosives, including but not limited to the causing of an explosion likely to endanger life or cause serious damage to property or the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property
(xxv) Sinking or destroying a vessel at sea; assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm; revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master
(xxvi) Piracy, involving ships or aircraft, according to international law
(xxvii) Genocide or conspiracy or direct and public incitement to commit genocide
(xxviii) Unlawful use, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation
(xxix) Impeding the arrest or prosecution of a person who has or is believed to have committed an offence for which surrender may be granted under this Agreement and which is punishable according to the laws of both Parties by imprisonment or other form of detention of a period of five years or more
(xxx) Offences against the laws relating to the protection of public health and the environment
(xxxi) Offences relating to the possession or laundering of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreement
(xxxii) Offences for which fugitive offenders may be surrendered under International Conventions currently applied
(xxxiii) Aiding, abetting, counselling or procuring the commission of, inciting, being an accessory before or after the fact to or attempting or conspiring to commit any offence for which surrender may be granted under this Agreement
(xxxiv) Any other offences not referred to in the previous items of this paragraph, which are punishable by imprisonment or other form of detention for at least one year or by a more severe penalty and which are also offences for which surrender may be granted in accordance with the laws of both Parties.
(2) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence, a further requirement shall be that in the case of a period of imprisonment or detention at least six months remain to be served.
(3) For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the requesting Party.
(4) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence the requested Party may refuse to surrender him if it appears that the conviction was obtained in his absence, unless he has the opportunity to have his case retried in his presence, in which case he shall be considered as an accused person under this Agreement.
Appears in 1 contract
Samples: Extradition Treaty
Offences. (1) Surrender of fugitive offenders shall be granted for an offence coming within any of the following descriptions of offences in so far as it is according to the laws of both Parties punishable by imprisonment or other form of detention for at least not less than one year, or by a more severe penalty-penalty:
(a) (i) Murder, murder of any degree;
(ii) manslaughter or culpable homicide
(ii) Aiding, abetting, counselling or procuring suicide;
(iii) Maliciously wounding; an offence against the law relating to abortion;
(iv) maliciously or wilfully wounding or inflicting grievous bodily harm; ;
(v) assault occasioning actual bodily harm or causing injury whether by means of a weapon, a dangerous substance or otherwise
(iv) Bigamy
(v) Rapeharm;
(vi) An offence relating to women and girlsrape;
(vii) Indecent assaultunlawful sexual intercourse with a female;
(viii) Stealingindecent assault;
(ix) procuring, or trafficking in, women or young persons for immoral purposes;
(x) bigamy;
(xi) kidnapping, abduction or false imprisonment, or dealing in slaves;
(xii) stealing, abandoning, exposing or unlawfully detaining a child;
(ixxiii) Gross indecency with a childbribery;
(xxiv) Kidnapping; abduction; false imprisonment perjury or unlawful detention, including subornation of perjury or conspiring to defeat the taking course of a hostage; dealing in slavesjustice;
(xixv) Offences arson;
(xvi) an offence concerning counterfeit currency;
(xvii) an offence against the law relating to drugs, including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substancesforgery;
(xiixviii) Obtaining stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property or pecuniary advantage credit by deception; cheating; criminal breach of trust; embezzlement or criminal misappropriation; theft; robbery; burglary; blackmail; handling or false pretences, receiving stolen goods; false accounting property or any other offence in respect of property involving fraud;
(xiiixix) Offences relating to fiscal mattersburglary, taxes house-breaking or duties, notwithstanding that the law of the requested Party does not impose the same kind of tax or duty or does not contain a tax, duty or customs regulation of the same kind as the law of the requesting Partyany similar offence;
(xivxx) Smuggling; offences against laws relating to the import and export of prohibited items, including historical and archaeological and other itemsrobbery;
(xvxxi) Conspiracy to commit fraud blackmail or to defraudextortion by means of threats or by abuse of authority;
(xvixxii) Offences an offence against bankruptcy law or company law;
(xviixxiii) False statements by company directors and other officersmalicious or wilful damage to property;
(xviiixxiv) Any acts done with the intention of endangering vehicles, vessels or aircraft;
(xxv) an offence against the law relating to false dangerous drugs or misleading trade descriptions; counterfeiting of coins; or forgery or uttering what is forgednarcotics;
(xixxxvi) An offence against the laws relating to corruption, including bribery, secret commissions, and breach of trustpiracy;
(xxxxvii) Perjury and subornation of perjury; attempting to pervert the course of justice
(xxi) Criminal damage, including arson, damaging property whether used for public utilities or otherwise with intent to endanger life or with reckless disregard as to whether the life of another would thereby be endangered
(xxii) Offences involving the unlawful use of computers
(xxiii) An offence against the law relating to firearms, including but not limited to the possession of a firearm or ammunition by a person who intends either himself or through another person to endanger life or the use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person
(xxiv) An offence against the law relating to explosives, including but not limited to the causing of an explosion likely to endanger life or cause serious damage to property or the making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property
(xxv) Sinking or destroying a vessel at sea; assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm; revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master
(xxvi) Piracy, involving ships master of a ship or the commander of an aircraft, according to international law
(xxvii) Genocide or conspiracy or direct and public incitement to commit genocide;
(xxviii) Unlawful usecontravention of import or export prohibitions relating to precious stones, possession, control, seizure or hijacking of aircraft, vessels or gold and other means of transportationprecious metals;
(xxix) Impeding the arrest or prosecution hijacking and other acts endangering safety of a person who has or is believed to have committed an offence for which surrender may be granted under this Agreement and which is punishable according to the laws of both Parties by imprisonment or other form of detention of a period of five years or moreaircraft;
(xxx) Offences against the laws relating to the protection of public health and the environment
(xxxi) Offences relating to the possession or laundering of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreement
(xxxii) Offences for which fugitive offenders may be surrendered under International Conventions currently applied
(xxxiii) Aiding, abetting, counselling or procuring the commission of, inciting, being an accessory before or after the fact to or attempting or conspiring to commit any offence for which surrender may be granted under this Agreement
(xxxiv) Any other offences not referred to in the previous items of this paragraph, which are punishable by imprisonment or other form of detention for at least one year or by a more severe penalty and which are also offences for which surrender may be granted in accordance with the laws of both Parties; and
(b) aiding and abetting, or counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit, any of the offences listed in paragraph (a) of this Article.
(2) Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence, a further requirement shall be that in sentence and the case of a period of imprisonment or detention at least six months remain which remains to be servedserved is less than four months, the requested Party may refuse surrender unless it is satisfied that the requesting Party has substantial grounds for requesting surrender.
(3) For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the requesting Party.
(4) For the purposes of paragraph (1) of this Article, an offence shall be an offence according to the laws of both Parties if the act or omission constituting the offence was an offence against the law of the requesting Party at the time it was committed and an offence against the law of the requested Party at the time the request for surrender is received.
(5) Where the surrender of a fugitive offender is requested for the purpose of carrying out a sentence the requested Party may refuse to surrender him if it appears that the conviction was obtained in his absence, unless he has the opportunity to have his case retried in his presence, in which case he shall be considered as an accused person under this Agreement.
Appears in 1 contract
Samples: Extradition Treaty
