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Article 11 Rule of Specialty

Article 11
Rule of Specialty

 

1. A person extradited under this Convention may not be detained, prosecuted, or punished in the Requesting Party for any offence committed before his or her extradition except for:

a) an offence for which extradition was granted or any other extraditable 1 offence of which the person could be convicted on the same facts, provided that such an offence carries a lesser penalty than the offence for which extradition was granted;

b) any other extraditable offence to which the Requested Party consents in writing. For the purposes of this subparagraph:

the Requested Party may require the submission of the documents mentioned in Article 5 of this Convention; and

if there is a statement of the extradited person relating to the offence, this statement shall be submitted to the Requested Party.

2. Paragraph 1 of this Article does not apply if the extradited person has had an opportunity to leave the territory of the Requesting Party voluntarily and has not done so within 44 days of the final discharge of the person or the person has voluntarily returned to the territory of the Requesting Party after leaving it.