Offences. (1) Surrender 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 more than one year, or by a more severe penalty: (i) offences relating to the unlawful taking of human life; (ii) genocide; (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; (v) offences relating to the unlawful termination of pregnancy; (vi) kidnapping; abduction; false imprisonment; unlawful confinement; dealing in slaves or other persons; taking a hostage; (vii) stealing, 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) offences against laws relating to prostitution and premises kept for the purposes of prostitution; (x) offences against laws relating to drugs, including narcotics and psychotropic substances; (xi) theft, robbery, burglary (including breaking and entering); blackmail and extortion; handling or receiving stolen property; any offence against the law relating to unlawful deprivation of property; (xii) criminal damage to property; arson; (xiii) 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, or customs regulation of the same kind as the law of the requesting Party; (xvi) offences 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 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; (xxx) 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; (xxxi) any other offences for which surrender may be granted in accordance with the laws of both Parties. (2) Where surrender 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) For the purposes of 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 at the time the request for surrender is received.
Appears in 1 contract
Samples: Extradition Treaty
Offences. (1) Surrender 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 more than one year, or by a more severe penalty:
(i1) offences relating murder or manslaughter, including criminal negligence causing death; culpable homicide; assault with intent to the unlawful taking of human life;commit murder
(ii2) genocide;aiding, abetting, counselling or procuring suicide
(iii3) offences relating to unlawful wounding or injuringmaliciously wounding; maiming; inflicting grievous of actual bodily harm; assault including assault occasioning actual bodily harm and harm; threats to kill; intentional or reckless endangering of life;
(iv) aidinglife whether by means of a weapon, abetting, counselling a dangerous substance or procuring suicide;
(v) otherwise; offences relating to the unlawful termination of pregnancy;wounding or injuring
(vi4) offences of a sexual nature including rape; sexual assault; indecent assault; unlawful sexual acts on children; statutory sexual offences
(5) gross indecency with a child, a mental defective or an unconscious person
(6) kidnapping; abduction; false imprisonment; unlawful confinement; dealing or trafficking in slaves or other persons; taking a hostage;
(vii7) 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 counterfeiting; any offence against the law relating to forgery or uttering what is forged
(13) an offence against the laws relating to protection of intellectual property, copyrights, patents or trademarks
(14) an 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;
(viii) offences of a sexual nature including rape, sexual assault, indecent assault and unlawful sexual acts upon children; statutory sexual offences;
(ix32) offences against the laws relating to prostitution and premises kept for the purposes of prostitution;
(x) offences against laws relating to drugs, including narcotics and psychotropic substances;
(xi) theft, robbery, burglary (including breaking and entering); blackmail and extortion; handling or receiving stolen property; any offence against the law relating to unlawful deprivation of property;
(xii) criminal damage to property; arson;
(xiii33) offences involving the unlawful use of computers;
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;
(xv34) 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, duty, tax duty or customs regulation of the same kind as the law of the requesting Requesting Party;
(xvi) offences 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;
(xxi35) offences relating to the unlawful escape from custody; mutiny in prison;prison (36) bigamy
(xxii37) offences any offence against the laws law relating to firearms, ammunition false or explosives;misleading trade descriptions
(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 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;
(xxix38) 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;
(xxx39) aiding, abetting, counselling impeding the arrest or procuring the commission of, inciting, being prosecution of a person who has or is believed to have committed 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;
Agreement (xxxi40) any other offences for which surrender fugitive offenders may be granted in accordance with surrendered under international conventions binding on the laws Parties; offences created as a result of both decisions of international organisations which are binding on the Parties.
(2) Where surrender 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) For the purposes of 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 at the time the request for surrender is received.
Appears in 1 contract
Samples: Extradition Treaty
Offences. (1) . Surrender 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 more than one yearyear or more, or by a more severe penalty:
(i) offences relating to the unlawful taking of human lifemurder (including attempted murder) or manslaughter, including criminal negligence causing death;
(ii) genocide;
(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;
(viii) maliciously wounding; maiming; inflicting grievous or actual bodily harm; assault causing harm or causing 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 the unlawful termination wounding or injuring;
(iv) offences of pregnancya sexual nature including rape; sexual assault; indecent assault; unlawful sexual acts on children; child pornography; statutory sexual offences;
(v) gross indecency with a child, a mental defective or an unconscious person;
(vi) kidnapping; abduction; false imprisonment; unlawful confinement; dealing or trafficking in slaves or other persons; taking a hostage;
(vii) stealingcriminal intimidation;
(viii) offences against the law relating to illegal drugs including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substances and offences related to the proceeds of drug trafficking;
(ix) obtaining property or pecuniary advantage by deception; theft; robbery; burglary (including breaking and entering); embezzlement; blackmail; extortion; unlawful handling 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;
(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) any offence relating to counterfeiting; any offence against the law relating to forgery or uttering what is forged;
(xiv) an 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 wildlife and endangered species;
(xxix) immigration offences including fraudulent acquisition or use of a passport or visa;
(xxx) arranging or facilitating for financial gain, the illegal entry of persons into the jurisdiction of the requesting Party;
(xxxi) an offence relating to gambling or lotteries;
(xxxii) offences relating to the unlawful termination of pregnancy; (xxxiii)stealing, abandoning, exposing neglecting or unlawfully detaining a child; : any other offences offence 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;
(ixxxxiv) offences against the laws relating to prostitution and premises kept for the purposes of prostitution;
(x) offences against laws relating to drugs, including narcotics and psychotropic substances;
(xi) theft, robbery, burglary (including breaking and entering); blackmail and extortion; handling or receiving stolen property; any offence against the law relating to unlawful deprivation of property;
(xii) criminal damage to property; arson;
(xiiixxxv) offences involving the unlawful use of computers;
(xivxxxvi) offences against the laws relating to fraudulent activities; obtaining propertyrevenue offences, money, valuable securities or pecuniary advantage by false pretences or deception; embezzlement; conspiracy to defraud; false accounting;
(xv) including 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 Partyduties and customs;
(xvixxxvii) offences relating to the unlawful escape from custody;
(xxxviii) bigamy;
(xxxix) any offence against the law relating to counterfeiting; forgery; uttering a forged false or false documentmisleading trade descriptions;
(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 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;
(xxixxl) 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;
; (xxxxli) aiding, abetting, counselling impeding the arrest or procuring the commission of, inciting, being prosecution of a person who has or is believed to have committed 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;
; (xxxixlii) any other offences for which surrender fugitive offenders may be granted in accordance with surrendered under international conventions binding on the laws Parties; offences created as a result of both decisions of international organisations which are binding on the Parties.
(2) Where surrender 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) For the purposes of 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 at the time the request for surrender is received.;
Appears in 1 contract
Samples: Agreement Concerning Surrender of Fugitive Offenders
Offences. (1) Surrender 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 more not less than one year, or by a more severe penalty:
(a) (i) offences relating to the unlawful taking murder of human lifeany degree;
(ii) genocidemanslaughter or culpable homicide;
(iii) offences an offence against the law relating to unlawful wounding or injuring; assault including assault occasioning bodily harm and threats to kill; intentional or reckless endangering of lifeabortion;
(iv) aiding, abetting, counselling maliciously or procuring suicidewilfully wounding or inflicting grievous bodily harm;
(v) offences relating to the unlawful termination of pregnancyassault occasioning actual bodily harm;
(vi) kidnapping; abduction; false imprisonment; unlawful confinement; dealing in slaves or other persons; taking a hostagerape;
(vii) unlawful sexual intercourse with a female;
(viii) indecent 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; 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) offences against laws relating to prostitution and premises kept for the purposes of prostitution;
(x) offences against laws relating to drugs, including narcotics and psychotropic substances;
(xi) theft, robbery, burglary (including breaking and entering); blackmail and extortion; handling or receiving stolen property; any offence against the law relating to unlawful deprivation of property;
(xii) criminal damage to property; arson;
(xiii) offences involving the unlawful use of computersbribery;
(xiv) offences against the laws relating to fraudulent activities; obtaining property, money, valuable securities perjury 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, or customs regulation of the same kind as the law of the requesting Party;
(xvi) offences 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 perjury or conspiring to pervert defeat the course of justice;
(xv) arson;
(xvi) an offence concerning counterfeit currency;
(xvii) an offence against the law relating to forgery;
(xviii) 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;
(xix) burglary, house-breaking or any similar offence;
(xx) robbery;
(xxi) offences relating to unlawful escape from custody; mutiny in prisonblackmail or extortion by means of threats or by abuse of authority;
(xxii) offences an offence against the laws relating to firearms, ammunition bankruptcy law or explosivescompany law;
(xxiii) unlawful use, possession, control, seizure malicious or hijacking of aircraft, vessels or other means of transportationwilful damage to property;
(xxiv) piracyacts done with the intention of endangering vehicles, vessels or aircraft;
(xxv) offences an offence against the laws law relating to the protection of public health and the environmentdangerous drugs or narcotics;
(xxvi) smuggling; offences against laws relating to the import and export of prohibited items, including historical and archaeological itemspiracy;
(xxvii) facilitating for gain revolt against the illegal immigration authority of personsthe master of a ship or the commander of an aircraft;
(xxviii) offences for which surrender may be granted under international conventions binding on the Parties; offences created as a result contravention of decisions of international organisations which are binding on the Partiesimport or export prohibitions relating to precious stones, gold and other precious metals;
(xxix) offences relating to the possession or laundering hijacking and other acts endangering safety of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreementaircraft;
(xxx) 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;
(xxxi) any other 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 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 conduct 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
Offences. (1) Surrender 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 more than one year, or by a more severe penalty:;
(i) offences relating to the unlawful taking of human life;
(ii) genocide;
(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;
(v) offences relating to the unlawful termination of pregnancy;
(vi) kidnapping; abduction; false imprisonment; unlawful confinement; dealing in slaves or other persons; taking a hostage;
(vii) stealing, 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) offences against laws relating to prostitution and premises kept for the purposes of prostitution;
(x) offences against laws relating to drugs, including narcotics and psychotropic substances;
(xi) theft, robbery, burglary (including breaking and entering); blackmail and extortion; handling or receiving stolen property; any offence against the law relating to unlawful deprivation of property;
(xii) criminal damage to property; arson;
(xiii) 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;
(xvxiv) 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;
(xvixv) offences against the law relating to counterfeiting; forgery; uttering a forged or false document;
(xviixvi) offences against the laws relating to bankruptcy or insolvency;
(xviiixvii) offences against the laws relating to companies and securities;
(xixxviii) offences against the laws relating to corruption, including bribery, secret commissions, and breach of trust;
(xxxix) offences against the laws relating to the administration of justice; perjury; subornation of perjury; attempting to pervert the course of justice;
(xxixx) offences relating to unlawful escape from custody; mutiny in prison;
(xxiixxi) offences against the laws relating to firearms, ammunition or explosives;
(xxiiixxii) unlawful use, possession, control, seizure or hijacking of aircraft, vessels or other means of transportation;
(xxiii) piracy;
(xxiv) piracymutiny, 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;
(xxvi) smuggling; , offences against laws relating to the laws against the import and export of prohibited items, including historical and archaeological 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;
(xxx) 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 of the offences mentioned in items (i) to (xxix) of this paragraph when any such act or omission is punishable under this Agreement;the laws of both Parties; and
(xxxi) any other offences for which surrender may be granted in accordance with the laws of both Parties.
(2) Where surrender 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) For the purposes purpose of 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 at the time the request for surrender is received.
Appears in 1 contract
Samples: Extradition Treaty
Offences. (1) Surrender 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 more than one year, or by a more severe penalty:
(i) offences relating to the unlawful taking of human life;
(ii) genocide;
(iii) offences relating to unlawful wounding 1. murder or injuringmanslaughter, including causing death by criminal negligence; culpable homicide; assault including with intent to commit murder 2. aiding, abetting, counselling or procuring suicide
3. maiming; inflicting grievous or actual bodily harm; assault occasioning actual bodily harm and harm; threats to kill; intentional or reckless endangering of life;
(iv) aidinglife whether by means of a weapon, abetting, counselling a dangerous substance or procuring suicide;
(v) otherwise; offences relating to the unlawful termination wounding or injuring
4. offences of pregnancy;a sexual nature including rape; sexual assault; indecent assault; unlawful sexual acts on children; statutory sexual offences
(vi) 5. gross indecency with a child, a mental defective or an unconscious person
6. kidnapping; abduction; false imprisonment; unlawful confinement; dealing or trafficking in slaves or other persons; taking a hostage;
(vii) stealing, abandoning, exposing or unlawfully detaining a child; any other offences involving the exploitation of children;7. criminal intimidation
(viii) offences of a sexual nature including rape, sexual assault, indecent assault and unlawful sexual acts upon children; statutory sexual offences;
(ix) 8. offences against laws the law relating to prostitution and premises kept for the purposes of prostitution;
(x) offences against laws relating to drugs, dangerous drugs including narcotics and psychotropic substances;substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substances and offences related to the proceeds of drug trafficking
(xi) 9. obtaining property or pecuniary advantage by deception; theft, ; robbery, ; burglary (including breaking and entering); blackmail and embezzlement; blackmail; extortion; unlawful handling or receiving stolen of property; falsification of accounts; any other offence in respect of property or fiscal matters involving fraud; any offence against the law relating to unlawful deprivation of property;
(xii) criminal damage to property; arson;
(xiii) offences involving the unlawful use of computers;
(xiv) property 10. offences against the laws relating to fraudulent activities; obtaining property, money, valuable securities bankruptcy law or pecuniary advantage by false pretences or deception; embezzlement; conspiracy to defraud; false accounting;insolvency
(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, or customs regulation of the same kind as the law of the requesting Party;
(xvi) 11. offences against the law relating to counterfeiting; forgery; uttering a forged or false document;
(xvii) companies including 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 corruptioncommitted by officers, including bribery, secret commissionsdirectors, 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) promoters 12. offences relating to unlawful escape from custody; mutiny in prison;securities and futures trading
(xxii) offences against the laws 13. any offence 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) smugglingcounterfeiting; offences against laws relating to the import and export of prohibited items, including historical and archaeological 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;
(xxx) 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;
(xxxi) any other offences for which surrender may be granted in accordance with the laws of both Parties.
(2) Where surrender 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) For the purposes of 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 at the time the request for surrender relating to forgery or uttering what is received.forged
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 more than at least one year, or by a more severe penalty:penalty-
(i) offences relating to the unlawful taking of human life;Murder, manslaughter or culpable homicide
(ii) genocide;
(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) aidingAiding, 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) offences relating to the unlawful termination of pregnancy;Rape
(vi) kidnapping; abduction; false imprisonment; unlawful confinement; dealing in slaves or other persons; taking a hostage;An offence relating to women and girls
(vii) stealingIndecent assault
(viii) Stealing, 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) offences against laws relating to prostitution and premises kept for the purposes of prostitution;Gross indecency with a child
(x) offences Kidnapping; abduction; false imprisonment or unlawful detention, including the taking of a hostage; dealing in slaves
(xi) Offences against laws 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;
(xixii) Obtaining property or pecuniary advantage by deception; cheating; criminal breach of trust; embezzlement or criminal misappropriation; theft, ; robbery, burglary (including breaking and entering); blackmail and extortionburglary; blackmail; handling or receiving stolen propertygoods; false accounting or any other offence against the law relating to unlawful deprivation in respect of property;
(xii) criminal damage to property; arson;property involving fraud
(xiii) 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 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;
(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 Offences against bankruptcy law
(xvii) False statements by company directors and other officers
(xviii) Any offence against the law relating to counterfeitingfalse or misleading trade descriptions; forgerycounterfeiting of coins; or forgery or 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;what is forged
(xix) offences An offence 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; Perjury and subornation of perjury; attempting to pervert the course of justice;
(xxi) offences relating Criminal damage, including arson, damaging property whether used for public utilities or otherwise with intent to unlawful escape from custody; mutiny in prison;endanger life or with reckless disregard as to whether the life of another would thereby be endangered
(xxii) offences Offences involving the unlawful use of computers
(xxiii) An offence against the laws law relating to firearms, including but not limited to the possession of a firearm or ammunition by a person who intends either himself or explosives;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
(xxiiixxiv) unlawful 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;
(xxivxxix) piracy;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
(xxvxxx) offences Offences against the laws relating to the protection of public health and the environment;
(xxvixxxi) smuggling; offences against laws relating to the import and export of prohibited items, including historical and archaeological 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 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;
(xxxxxxii) aidingOffences 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, to or attempting or conspiring to commit any offence for which surrender may be granted under this Agreement;
(xxxixxxiv) 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) For Where surrender of a fugitive offender is requested for the purposes purpose of 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 carrying out a sentence the requested Party at may refuse to surrender him if it appears that the time conviction was obtained in his absence, unless he has the request for surrender is receivedopportunity 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