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Article 7 Request for Extradition

Article 7
Request for Extradition

 

1. Any request for extradition shall be made in writing and sent by the Central Authority of either Party directly to the Central Authority of the other Party through diplomatic channels is not precluded, and shall include the following documents and information:

a) name of the requesting authority;

b) full name of the person, sought for extradition, details of his/her citizenship, place of residence or location, description, as far as possible, of his/her appearance with photos, fingerprints and any other details, enabling to search for and identify such person;

c) statement of the facts of the case, which is a ground for such request for extradition, specifying more exactly the time and place of the criminally punishable act, legal statement describing the offence, as well as certified copies of any procedural documents, containing information on the offence of this person;

d) a certified copy of the text or texts of any provisions of any law, which qualify committed acts as offences and contain - information of any punishments prescribed for committing them; -

e) a certified copy of the text of any provisions of any law, relating to the applicable limitation period.

2. The Requested Party shall immediately receive the request for the execution upon its delivering by facsimile, electronic mail or other such type of communication and the original of the request shall be submitted promptly thereafter by the Requesting Party.

3. Any request for extradition for criminal prosecution, along with the documents and information specified in Paragraph 1 of this Article, shall be accompanied by a copy of a warrant of arrest issued by a competent Authority of the Requesting Party.

4. Any request for extradition for execution of a sentence, along with the documents and information specified in Paragraph 1 of this Article, shall be accompanied by a copy of an effective verdict and a certificate of the unserved term of punishment.

5. If request for extradition for executing a sentence rendered in absentia in the Requesting Party, the Requesting Party shall guarantee the right for retrial in accordance with applicable legislation.

6. Any documents for the purposes of this Treaty shall be drawn up in the language of the Requesting Party and shall be accompanied by translation into the language of the Requested Party or into the English language.

7. Any requests for extradition and all documents attached thereto, any documents furnished in response to such request, as well as translations thereof which are sealed by a competent or Central Authority of the sending Party, require no legalization or authentication in any other manner.