Document ID: chunk:federal_register_of_legislation:F1997B01928:body:0:p4
Version: federal_register_of_legislation:F1997B01928
Segment Type: other
Provision Reference: 
Character Range: 7687–10376

an offence against military law and another offence against the law of that State, the extradited person shall not be proceeded against for the offence against military law.

SCHEDULE—continued

2. Extradition may further be refused where:
   (a) the person claimed is liable to be tried by a Court or Tribunal that is only provisionally, or under exceptional circumstances, empowered to deal with the offence for which his extradition is requested, or if his extradition is requested for the purpose of his serving a sentence imposed by such a Court or Tribunal;
   (b) the person claimed is under examination or trial in the requested State for the offence in respect of which extradition is requested;
   (c) the person claimed has in the territory of the requested State, or in a third State, been acquitted or a penalty has been imposed for the offence for which extradition is requested;
   (d) examination proceedings against the person claimed have been discontinued and that person has not been put on trial in the requested State in respect of the offence for which extradition is requested;
   (e) the person claimed 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 offence for which extradition is requested.
3. Extradition may also be refused on any other grounds or for any other reason specified by the law of the requested State.

Article 8 (Evidence)

In the case of a person charged with an offence, but not yet convicted, extradition from Norway may be refused if the appropriate Norwegian authorities consider the evidence insufficient to establish a presumption that the person concerned is guilty of the offence he is charged with.

Article 9 (Capital punishment)

If, under the law of the requesting State, a person claimed is liable to the death penalty for an offence for which his extradition is requested or for any other offence for which he may be detained or tried in accordance with Article 10, the requested State may refuse his extradition unless the requesting State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out.

Article 10 (Rule of speciality)

1. Subject to paragraph 3 of this Article, a person extradited under this Treaty shall not
   (a) be detained or tried, or be subjected to any other restriction of his personal liberty, in the requesting State for any offence committed before his extradition other than
     (i) an offence for which he was extradited or any other offence referred to in Article 4 of which he could be convicted on proof of the facts upon which the request for his extradition was