Document ID: chunk:federal_register_of_legislation:F2004C00142:body:0:p4
Version: federal_register_of_legislation:F2004C00142
Segment Type: other
Provision Reference: 
Character Range: 7755–10313

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 of an offence —
          (i) the sentence imposed in the territory of the requesting State for the offence for which extradition is requested was less severe than a sentence of imprisonment or any other form of deprivation of liberty for a period of four months; or
          (ii) the conviction is regarded by the requested State as being unjustified.

ARTICLE VI

 Extradition of a person may be refused if, under the law of the requesting State, an offence for which his extradition is requested or any other offence for which he may be detained or tried under Article XV is punishable by death but the law of the requested State does not provide for the death penalty in a similar case.

ARTICLE VII

1. A request for the extradition of a person shall be in writing.

2. The request shall be accompanied —

 (a) if the person is charged with an offence — by a warrant, duly authenticated, for his arrest and such duly authenticated documents as, according to the law in force in the part of the territory of the requested State in which he is found, would justify his arrest and trial if the act or omission constituting the offence had taken place in that part of that territory;

 (b) if the person has been convicted of an offence — by such duly authenticated documents as prove the conviction and the sentence imposed, and a statement showing the extent to which the sentence has not been carried out;

 (c) by information about the date, place and other details of the offence for which extradition is requested to the extent to which that information is not contained in the documents referred to in sub-paragraph (a) or sub-paragraph (b) of this paragraph;

 (d) by a copy of the relevant provisions of the statute, if any, creating the offence or a statement of the relevant law as to the offence, as the case may be, and in either case a statement of the punishment that can be imposed for the offence; and

 (e) by information as to the nationality