Document ID: chunk:federal_register_of_legislation:F1997B01987:body:0:p3
Version: federal_register_of_legislation:F1997B01987
Segment Type: other
Provision Reference: 
Character Range: 5446–8181

shall not be extradited therefor unless he is or was liable on conviction to a term of imprisonment exceeding three years.
2. Extradition shall also be granted for any other act or omission constituting an offence if the offence is, according to the laws of both Contracting Parties, one for which extradition can be granted.
3. When the offence for which extradition is requested has been committed outside the territory of the requesting State, extradition may be refused if the law of the requested State does not allow prosecution for the same category of offence when committed outside the territory of the latter State or does not allow extradition for the offence concerned.

ARTICLE IV

The determination that extradition, based upon a request therefor, should or should not be granted shall be made in accordance with the domestic law of the requested State and the person whose extradition is sought shall have the right to such remedies and recourses as are provided by that law.

ARTICLE V

1. A person shall not be extradited where
    (a) he has already been tried and acquitted by a competent tribunal in or has already undergone punishment according to the law of the requested State or a third State for the act or omission constituting the offence for which his extradition is requested:
    (b) subsequent to the act or omission constituting the offence for which his extradition is requested or the institution of the prosecution or the conviction of the person for the offence, he has acquired exemption from prosecution or punishment in respect of that act or omission

SCHEDULE—continued
       (i) under the law of either the requesting State or the requested State by reason of lapse of time: or
       (ii) under the law of the requesting State by reason of pardon or remission of punishment by a competent authority of that Slate:
    (c) the offence for which his extradition is requested is or is by reason of the circumstances in which it is alleged to have been committed or was committed, regarded by the appropriate authority of the requested State as an offence of a political character: or
    (d) the appropriate authority of the requested State has substantial or as the case may be reasonable grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality or political opinions or that the person might, if surrendered, be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.
2. The offences of genocide, attempted genocide, or conspiracy or direct and public incitement to commit genocide