Document ID: chunk:federal_register_of_legislation:F1996B00572:body:0:p4
Version: federal_register_of_legislation:F1996B00572
Segment Type: other
Provision Reference: 
Character Range: 7755–10546

third State for the same offence for which extradition is requested and, if convicted, the sentence imposed has been fully enforced or is no longer enforceable; and

    (c) when, in exceptional circumstances, the Requested Party while also taking  into account the seriousness of the offence and the interests of the Requesting Party decides that, because of the personal circumstances of the person sought, the extradition would be incompatible with humanitarian considerations.

SCHEDULE—continued

Article 5
Extradition of nationals

1. There is no obligation upon the Requested Party to grant the extradition of a person who is a national of the Requested Party, but the extradition of its nationals will be subject to the appropriate laws of that Party.

2. Where a Party refuses extradition pursuant to paragraph 1 of this Article, it shall submit the case to its competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be taken.  That Party shall inform the Requesting Party of any action taken and the outcome of any prosecution.  Nationality shall be determined at the time of the commission of the offence for which extradition is requested.

Article 6
Rule of speciality

1. A person who has been extradited under this Treaty shall not be detained, prosecuted or tried for any offence committed before extradition other than that for which extradition has been granted, nor extradited to a third State for any offence, except in any of the following circumstances:

    (a) when that person has left the territory of the Requesting Party after extradition and has voluntarily returned to it;

    (b) when that person has not left the territory of the Requesting Party within forty-five days after being free to do so; or

    (c) when the Requested Party consents.  A request for consent shall be submitted, accompanied by the documents mentioned in Article 7 and a record of any statement made by the extradited person in respect of the offence concerned.

2. The Requesting Party may charge a person who has been extradited with an offence other than that for which extradition was granted, provided that offence is:

SCHEDULE—continued

    (a) based on proof of the same facts contained in the extradition request and its supporting documents; and

    (b) punishable by the same maximum penalty as, or a lesser maximum penalty than, the offence for which the person was extradited.

3. Paragraph 1 of this Article shall not apply to offences committed after extradition.

4. Paragraph 1(b) of this Article shall not apply if it might be construed directly or indirectly as banishment, expulsion or forced removal of a Brazilian national from Brazil.

Article 7
The