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Article 5 Grounds for Refusal to Extradite

Article 5
Grounds for Refusal to Extradite

 

1. Extradition shall not take place in the following cases:

a) if the person, sought for extradition, is a citizen of the Requested Party;

b) if the act, for which extradition is requested, is not an extraditable offence pursuant to Paragraphs 1-3 of Article 4 hereof;

c) if the Requested Party has sufficient grounds to assume that a request for extradition is made with the aim to persecute or punish a person due to his/her race, sex, religion, citizenship, ethnic origin or in connection with his/her political beliefs;

d) in case any judicial proceedings have taken place in respect of the requested person and such person has been found not guilty or has been sentenced in the Requested Party for the same act, which is the ground for such request for extradition;

e) if, pursuant to applicable laws of either Party, a person sought for extradition can not be prosecuted or sentenced for any reason;

f) if, pursuant to applicable laws of the Requested Party, no criminal case may be initiated or no sentence may be executed due to expiration of limitation period or for any other legal reason;

g) if an offence, for which extradition is requested, is subject to capital punishment pursuant to applicable laws of the Requesting Party, unless such Party presents sufficient material, in the opinion of the Requested Party to guarantee that the person, sought for extradition, will not incur capital punishment;

h) if the requested person, has been found not guilty and has been sentenced in a third State for the same act, which has been ground for the request for extradition.

2. Any request for extradition may be rejected:

a) if any offence, for which extradition is requested, pursuant to applicable laws of the Requested Party, was committed fully or partially in the territory of that Party; P

b) if in respect of the person, sought for extradition, any investigation or judicial proceedings is/are pending in the Requested Party in connection with an offence, specified in such request for extradition;

c) if the Requested Party, taking into account the nature of a committed offence and interests of the Requesting Party, nevertheless believes that, considering such existing personal circumstances as age of the requested person, his/her state of health, marital status and any other similar circumstances, extradition of such person would be undesirable;

d) if the Requested Party considers that the extradition of the person would impair its sovereignty, security, public order or other essential interests.

3. Should any request for extradition be rejected in accordance with subparagraph "a" of Paragraph 1 or subparagraph "a" of Paragraph 2 of this Article, the Requested Party, on request of the Requesting Party, shall deliver all received materials to its competent authorities for considering criminal prosecution of such person pursuant to its applicable laws. For this purpose, the Requesting Party shall gratuitously furnish the Requested Party with duly certified copies of documents, evidencing the fact of any investigation, and any other documents relating to the offence, for which extradition is requested. All materials of the case, received in connection with the investigation completed in the Requesting Party, may be used in criminal proceedings in the Requested Party. The Requested Party notifies the Requesting Party of all results of such proceedings.