Article 17 Appeals in extradition cases lie to the Appeal Court and its decision upon all questions both of fact and of law shall be final.
If there was any evidence as to the facts found by the lower Court to justify the order made, the Appeal Court has no power to interfere, the Appeal Court will only see that the lower Court had such evidence before it as to give it authority and jurisdiction to make the order and for this purpose may review the evidence and consider arguments :
(1)As to the nationality of the accused;
(2)That the crime charged is not extraditable;
(3)That the offence is of a political character ; or that the requisition was in fact made with a view to punish the accused for a political offence; or
(4)That there was no evidence before the lower Court upon which such Court could exercise its discretion whether to make the order or not.
Given on the 15th day of December, B.E. 2472, being the 5th year of the Present Reign.
TREATY
BETWEEN
THE KINGDOM OF THAILAND
AND
THE PEOPLE’S REPUBLIC OF CHINA ON EXTRADITION
---------------------------------
The Kingdom of Thailand and the People’s Republic of China (hereinafter referred to as “the Contraction Parties”);
Desirous of promoting, on the basis of mutual respect for sovereignty, equality and mutual benefit, the effective cooperation between the two countries in the suppression of crime by concluding a treaty on extradition;
Have agreed as follows:
ARTICLE 1
Obligation to Extradite
The Contraction Parties undertake to extradite to each other, in accordance with the provisions of this Treaty, persons found in the territory of one of the Contracting Parties who are wanted for prosecution, trial or for the imposition or execution of punishment in the territory of the other Party for an extraditable offence.
ARTICLE 2
Extraditable Offences
1. For the purposes of this Treaty, extraditable offences are offences which are punishable under the laws of the Contracting Parties by the penalty of imprisonment or other from of detention for a period of more than on year or by any heavier penalty.
2. Where the request for extradition relates to a person sentenced to imprisonment or other form of detention by a court of the Requesting Party for any extraditable offence. extradition shall be granted only if a period of at least six months in the sentence remains to be served.
3. For the purposes of this Article, in determining whether an offence is an offence against the laws of both Parties, it shall not matter whether the laws of the Contracting Parties place the conduct constituting the offence within the same category of offence or denominate the offence by the same terminology.
4. When extradition has been granted with respect to an extraditable offence, it may also be granted in respect of any other offence specified in the extradition request that meets all other requirements for extradition except for periods of penalty or detention order set forth in paragraphs 1 and 2 of this Article.
ARTICLE 3
Grounds for Mandatory Refusal
Extradition shall not be granted under this Treaty in any of the following circumstances:
(1) the requested Party considers the offence for which the request for extradition is made by the Requesting Party as a Political offence. Reference to a political offence shall not include the taking or attempted taking of the life or an attack on the person of a Head of State or a Head of Government or a member of his or her family;
(2) the Requested Party has well-founded reasons to suppose that the request for extradition made by the Requesting party aims to institute criminal proceedings against or execute punishment upon the person sought on account of race, religion, nationality or political opinion of that person, or that the position of the person sought in judicial proceedings will be prejudiced for any of the reasons mentioned above;
(3) the offence for which the request for extradition is made is exclusively an offence under military law of the Requesting Party and does not constitute an offence under criminal law of that Contracting Party;
(4) the prosecution or the execution of punishment for the offence for which extradition has been sought has become barred by reason prescribed under the law of either Contracting Party including a law relating to lapse of time;
(5) the Requested Party has passed judgement upon the person sought in respect of the same offence, before the request for extradition is made.
ARTICLE 4
Grounds for Discretionary Refusal
Extradition may be refused under this Treaty in any of the following circumstances:
(1) the Requested Party in accordance with its law has jurisdiction over the offence for which the request for extradition is made and shall institute proceedings against the person sought
(2) in exceptional cases, the Requested Party while also taking into account the seriousness of the offence and the interests of the Requesting Party deems that, because of the personal circumstances of the person sought, the extradition would be incompatible with humanitarian consideration;
(3) the Requested Party is in the process of proceeding against the person sought in respect of the same offence.
ARTICLE 5
Extradition of Nationals
1. Each Contracting Part shall have the right to refuse extradition of its own nationals.
2. If extradition is not granted pursuant to paragraph 1 of this Article, the Requested Party shall, at the request of the Requesting Party, submit the case to its competent authority for prosecution. For this purpose, the Requesting Party shall submit documents and evidence relating to the case to the Requested Party.
3. Notwithstanding paragraph 2 of this Article, the Requested Party shall not require to submit the case to its competent authority for prosecution if the Requested Party has no jurisdiction over the offence.
ARTICLE 6
Channels of Communication
For the purposes of this Treaty, the Contracting Parties shall communicate through the diplomatic channels, unless otherwise provided for in this Treaty.
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This legislation is the Official Translation of the Office of the Narcotics Control Board |
