Document ID: chunk:federal_register_of_legislation:F1997B01937:body:0:p4
Version: federal_register_of_legislation:F1997B01937
Segment Type: other
Provision Reference: 
Character Range: 8008–10780

is a permanent resident of Finland and a national of Denmark, Iceland, Norway or Sweden, Finland shall have the right to recommend that the request for extradition be withdrawn, specifying the reasons therefor.
3. If extradition is not granted in pursuance of paragraphs 1 or 2, the requested State shall submit the case to its competent authorities for the purpose of prosecution.

SCHEDULE 1—continued
Article 5
1. Extradition may be refused where;
    (a) the act or omission constituting the offence for which extradition is requested is of a kind that, under the law of the requested State, constitutes an offence against military law;
    (b) the person whose extradition is requested is liable to be tried by a Court or Tribunal that is specially established for the purpose of trying his case or is only occasionally, or under exceptional circumstances, authorized to try such cases or his extradition is requested for the purpose of his serving a sentence imposed by such a Court or Tribunal:
    (c) the requested State, while also taking into account the nature of the offence and the interests of the requesting State, considers that, in the circumstances of the case, including the age health or other personal circumstances of the person whose extradition is requested, the extradition of that person would be unjust, oppressive or incompatible with humanitarian considerations:
    (d) the person whose extradition is requested has already been proceeded against in the territory of the requested State or in a third State for the act or omission constituting the offence for which extradition is requested:
    (e) the person whose extradition is requested is exempt from prosecution or punishment by lapse of time according to the law of the requesting State or the requested State in respect of the act or omission constituting the offence for which extradition is requested;
    (f) in the case of a person charged with an offence—the evidence of criminality would not according to the law of the requested State, have justified his being placed on trial if the act or omission constituting the offence had been committed in the territory of the requested State; or
    (g) in the case of a person convicted and sentenced in respect of an offence—less than four months of the sentence of imprisonment or any other form of deprivation of liberty imposed in the territory of the requesting State for the offence for which extradition is requested remains to be served.
2. If criminal proceedings are instituted in Finalnd against the person sought for the offence for which his extradition is requested and the charge against him is waived, Finland shall not be bound to extradite him for that offence unless the executive authority of Finland determines,