Document ID: chunk:federal_register_of_legislation:F2003B00239:body:0:p3
Version: federal_register_of_legislation:F2003B00239
Segment Type: other
Provision Reference: 
Character Range: 5171–7949

of, the life of a person, being an offence committed in circumstances in which such conduct creates a collective danger, whether direct or indirect, to the lives of other persons;

       (b) if the Requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his or her race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of those reasons;

       (c) if the offence for which extradition is requested constitutes a purely military offence which is not an offence under ordinary criminal law of the Contracting Parties;

       (d) if final judgement has been passed in the Requested Party or in a third state in respect of the offence for which the person's extradition is sought;

       (e) if the person whose surrender is sought has, according to the law of either Contracting Party, become immune by reason of lapse of time from prosecution or punishment for the offence for which extradition is requested; or

       (f) if the offence for which extradition is requested has been or is subject to amnesty or pardon by either of the Contracting Parties.

    2. Extradition may be refused in any of the following circumstances:

       (a) if the person whose extradition is sought is a national of the Requested Party.  Where the Requested Party does not extradite its own national, it shall, at the request of the Requesting Party and if the laws of the Requested Party allow, submit the case to its competent authorities in order that proceedings may be taken in respect of the offences for which extradition has been sought;

       (b) if the person whose extradition is sought is being prosecuted in the Requested Party for the same offence;

       (c) if the Requested Party has decided either not to prosecute or to terminate prosecution for the same offence;

       (d) if the offence for which extradition is sought is an offence which is punishable by torture or cruel, inhuman or degrading treatment; or

       (e) if the surrender is likely to have exceptionally serious consequences for the person whose extradition is sought particularly because of his or her age or state of health.

3. This Article shall not affect any obligation of the Contracting Parties which has already been undertaken or subsequently may be undertaken by them under any multilateral agreement.

Article 4
Postponement of extradition

When the person whose extradition is sought is being prosecuted or is serving a sentence in the territory of the Requested Party for an offence other than that for which extradition has been requested, surrender of this person may be postponed by the