Document ID: chunk:federal_register_of_legislation:F2004C00100:body:0:p3
Version: federal_register_of_legislation:F2004C00100
Segment Type: other
Provision Reference: 
Character Range: 5118–7833

respect of which extradition is requested have been discontinued finally by the competent authorities of the Requested State, the person claimed having complied with the conditions imposed on him.

(2) Extradition may be refused if the person claimed has already been tried and acquitted or convicted by the competent authorities of a third State for the offence in respect of which his extradition is requested.

(3) Extradition may be refused if the person claimed is under examination or trial in the Requested State for the offence in respect of which his extradition is requested.

(4) Subject to paragraph (1) (b), a decision by the competent authorities of the Requested State not to initiate or to stop proceedings against the person claimed in respect of an offence shall not be a reason to refuse extradition in respect of the same offence.

ARTICLE 5

(1) An amnesty law of the Requested State shall not preclude the extradition of a person claimed if the offence for which his extradition is requested is not subject to the jurisdiction of that State.

(2) Extradition shall be granted notwithstanding that prosecution for the offence or carrying out of the sentence would be barred by lapse of time according to the law of the Requested State.

ARTICLE 6

(1) Neither of the Contracting Parties shall be bound to extradite its own nationals.  The competent executive authority of the Requested State, however, shall have the power to grant the extradition of its own nationals if, in its discretion, this is deemed proper to do and provided the law of the Requested State does not so preclude.

(2) The Requested State shall undertake all available legal measures to suspend naturalization proceedings in respect of the person claimed until a decision on the request for his extradition and, if that request is granted, until his surrender.

(3) If in a particular case the Requested State does not extradite its own national it shall, at the request of the Requesting State, submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate.  If the Requested State requires additional documents or evidence, such documents or evidence shall be submitted without charge to that State.  The Requesting State shall be informed of the result of its request.

ARTICLE 7

 If a complaint by or on behalf of the person injured by an offence or an authorization to prosecute is required by the law of the Requested State, the absence of such a complaint or authorization shall not affect the obligation to extradite.

ARTICLE 8

 If under the law of the Requesting State a person whose extradition is requested is liable to the death penalty for