(f) As at the date of receipt of the extradition request, the person whose extradition is requested is a citizen of the requested State

Consideration of requests for extradition

(3) There is a request for the extradition of the same person from several States and the person was extradited, or will be extradited, to another State

One State reported that a request for extradition that was being processed was discontinued because the person whose extradition was requested was subsequently naturalized in the requested State.

(12) An act is adopted in the Republic of Belarus granting a pardon to the person whose extradition is requested or amnesty to the person who committed the offence for which extradition is requested

An extradition request should not display any features defined under article 8 of the Extradition Act as reasons for which an extradition request should, or under article 9 as reasons for which it may, be rejected.

5. Extradition shall be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including the grounds upon which the requested Party may refuse extradition.

Conflicts arising from the execution of a request to extradite a person (article 497)

6. Extradition shall, in all cases, be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including, in particular, conditions relating to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition or make it subject to certain conditions.

Extradition shall, in all cases, be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition or make it subject to certain conditions.

As stipulated in the Extradition Act, extradition reviews are carried out according to the following formula initial administrative review judicial review further administrative review.

If the accused has been extradited to the requesting State

7. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.

8. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.

Under article 8, paragraph 1, of the Act, when the object of an extradition request is a Chinese national, China will refuse extradition.

(5) The offence for which extradition is requested is a military offence

Table 1

Upon reception of a request from a foreign State, it determines whether the request and its annexes are complete and in compliance with the formal terms of the pertinent extradition treaty and the Extradition Act.

It is to be noted that an Extradition request submitted by a non commonwealth country will only be entertained provided that such country has signed an extradition treaty with Seychelles.

The requested State concerned does not extradite its own nationals.

If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Protocol as a legal basis for extradition in respect of such offences.

(g) The act giving rise to the extradition request was committed entirely or in part in the territory of the requested State.

(c) Simplifying and streamlining procedures necessary to execute and initiate requests for extradition, including the provision to requested States of information sufficient to enable extradition

When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State may, at its option, consider the present Convention as a legal basis for extradition in respect of the offences set forth in article 2.

(1) The person whose extradition is requested is a citizen of the Republic of Belarus

10. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

Handled extradition and rendition requests to and from Canada

2. When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 2.

If, on review, the Supreme People's Procuratorate determines that the offence specified in the extradition request, or other offences committed by the person named in the request, are subject to prosecution under Chinese law but have not been so prosecuted, it may, within one month of receiving the request and annexed material forward to the Supreme People's Court and to the Ministry of Foreign Affairs respectively a declaration of its intent to initiate criminal proceedings.

9. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

Article 8, paragraph 1, of the Extradition Act stipulates that An extradition request made to China by a foreign State will be rejected under any of the following conditions (1) when, under the laws of the People's Republic of China, the person whose extradition is requested is a national of the People's Republic of China . The Extradition Act does not contain any mandatory provision that a person not extradited will be prosecuted in China .

(7) The person whose extradition is requested was sentenced to punishment in the form of imprisonment for a period of less than six months

Extradition requests sent to other countries

Extradition shall be subject to the other provisions set forth under the legislation of the requested State.

(c) Simplifying and streamlining procedures necessary to execute and initiate requests for extradition, including the provision to requested States of information sufficient to enable extradition

33. The problem of delay in responding to and executing requests for extradition was also raised.

Extradition shall be subject to the other conditions provided by the law of the requested State.

12. If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested State Party, the requested Party shall, if its domestic law so permits and in conformity with the requirements of such law, upon application of the requesting Party, consider the enforcement of the sentence that has been imposed under the domestic law of the requesting Party or the remainder thereof.

It also stated that the Convention constituted the legal ground for cooperation in the matters of extradition if a request for extradition were received from a State party with which there was no treaty on extradition.

1. This article shall apply to the offences established in accordance with this Convention where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

(2) The person whose extradition is requested was granted asylum in the Republic of Belarus

(4) A criminal prosecution of the person whose extradition is requested has been initiated under a private indictment

(c) The act giving rise to the extradition request is deemed a political offence

4. The model legislation should include options for procedures dealing with extradition requests and the fugitive in the requested State.

2. Extradition of a national may be granted on the condition that the sentence pronounced abroad will be executed in the requesting State.