Document ID: chunk:federal_register_of_legislation:F2010L01778:body:0:p3
Version: federal_register_of_legislation:F2010L01778
Segment Type: other
Provision Reference: 
Character Range: 5257–7913

the ordinary criminal law of the Contracting States.

(d) final judgment has been passed in the Requested State or in a third state in respect of the offence for which the person's extradition is requested:

(i) if the afore‑mentioned judgment resulted in the person's acquittal; or the case against him has been finally dismissed so as to preclude subsequent prosecution for that same offence; or

(ii) if the sentence has been completed or the person has been granted a pardon or is the subject of an amnesty

(e) the person sought cannot be prosecuted by reason of any limitation prescribed or imposed by the law of either Contracting State;

(f) the person sought has been tried or sentenced or is to be tried before an extraordinary or ad hoc tribunal in the Requesting State.

2. Extradition may be refused in any of the following circumstances:

(a) if the person whose extradition is sought is a national of the Requested State. Where the Requested State refuses to extradite a national of that State it shall, if the other State so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that proceedings for the prosecution of the person may be taken.

(b) if the competent authorities of the Requested State had decided, before the request for extradition was received, to refrain from prosecuting the person for the offence in respect of which extradition is sought;

(c) if the offence with which the person sought is accused or convicted, or any other offence for which that person may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the Requesting State, unless that State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;

(d) if the offence for which extradition is sought is regarded under the law of the Requested State as having been committed in whole or in part within that State;

(e) if a prosecution in respect of the offence for which extradition is sought is pending in the Requested State against the person whose extradition is sought;

(f) if the offence for which extradition is sought is an offence which carries a punishment of the kind referred to in Article 7 of the International Covenant Civil and Political Rights; or

(g) if 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 sought, the extradition of that person would be unjust, oppressive, incompatible with