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Article 2 Extraditable Offences

Article 2
Extraditable Offences

 

1. For the purposes of this Convention, extraditable offences are offences which are punishable under the laws of both Parties by deprivation of liberty for a period of at least one year or by a more severe penalty.

2. Where the request for extradition relates to a person sentenced to deprivation of liberty by a court of the Requesting Early for any extraditable offence, extradition shall be granted only if a period of at least 6 months of the sentence remains to be served. In exceptional cases the Parties may agree on extradition if a period of less than 6 months remains to be served.

3. For the purposes of this Article, in determining whether an offence is an offence against the laws of both Parties:

a) it shall not matter, whether the act constituting the offence under the legislation of both Parties, concerns the same category or whether this offence is denominated by the same term;

b) the totality of the conduct alleged against the person whose extradition is sought shall be taken into account.

4. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign currency exchange control or another fiscal matter, extradition may not be refused on the grounds that the law of the Requested Party does not impose the same kind of tax or duty or does not contain a tax, duty, customs or exchange regulation of the same kind as the law of the Requesting Party.

5. Where the offence has been committed outside the territory of the Requesting Party, extradition shall be granted where the law of the Requested Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested Party does not so provide, the Requested Party may, in its discretion, grant extradition.

6. If the request for extradition refers to several offences each of which is punishable under the legislation of both Parties, but some of which do not fulfill the other conditions set out in Paragraphs 1 and 2 of this Article, extradition may be granted for the offences provided that the person is to be extradited for at least one extraditable offence.

7. Extradition may be granted under this Convention provided that:

a) the conduct in respect of which extradition is requested was an offence in the Requesting Party at the time it occurred; and

b) the conduct would, if it had taken place in the territory of the Requested Party at the time the request for extradition was received, have constituted an offence in that Party.