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This legislation has been provided with the assistance of Chaninat & Leeds. Managed by an American lawyer, the law firm overseas all types of legal assistance, including corporate law, property law and family law, as well as the Thailand Criminal Law System.


Request for Extradition and Required Documents

1. A request for extradition shall be made in writing and shall be accompanied by the followings:
(a) documents, statement, or other evidence sufficient to describe the identity and probable location of the person sought;
(b) a statement of the facts of the case;
(c) the provisions of the law describing the essential elements and the designation of the offence for which extradition is requested;
(d) the provisions of the law describing the punishment for the offence; and
(e) the provisions of the law describing any time limit on the prosecution or the execution of punishment for the offence, if any.

2. A request for the extradition relating to a person sought for prosecution also shall be accompanied by:
(a) a copy of the warrant of arrest issued by a judge or other competent authority of the Requesting Party;
(b) such evidence as would justify that person’s arrest and committal for trial including evidence establishing that the person sought is the person to whom the warrant of arrest refers.

3. When the request for extradition relates to a person found guilty, in addition to the items required by paragraph 1 of this Article, it shall be accompanied by;
(a) a copy of the judgement by a court of the Requesting Party:
(b) evidence providing that the person sought is the person to whom the judgement refers; and
(c) a statement showing to what extent the sentence has carried out.

4. All the documents to be presented by the Requesting Party pursuant to the provisions of this Treaty shall be officially signed or sealed and shall be accompanied by a translation in the language of the Requested Party or the English language.

Additional Information

If the Requested Party considers that the information furnished in support of a request for extradition is not sufficient in accordance with this Treaty to enable extradition to be granted, that Party may request that additional information be furnished within such time as it specifies. If the Requesting Party fails to submit additional information within that period, it shall be considered as having renounced its request voluntarily. However, the Requesting Party shall not be precluded from making a fresh request for the same purpose.

Provisional Arrest

1. In case of urgency, one Contracting Party may request the other Contracting Party to take provisional arrest against the person sought. Such request may be submitted in writing through the diplomatic channels or through the International Criminal Police Organization (INTERPOL).
2. The request shall contain: a description of the person sought; the location of that person, if known; a brief statement of the facts of the case; a statement of the existence of a warrant of arrest or judgement against that person, as referred to in Article 7: and a statement that a request for extradition of the person sought will follow.
3. The Requesting Party shall be notified without delay of the result of its request.
4. Provisional arrest shall be terminated if, within a period of sixty days after the arrest of the person sought, the competent authority of the Requested Party has not received the formal request for extradition and the supporting documents required by Article 7.
5. The termination of provisional arrest pursuant to paragraph 4 of this Article shall not prejudice the extradition of the person sought if the extradition request and the supporting documents mentioned in Article 7 are delivered at a later date.

Surrender of the Person Sought

1. The Requested Party shall, through the diplomatic channels, notify without delay the Requesting Party of its decision on the request for extradition.
2. If the extradition has been granted, the Requested Party and the Requesting Party shall decide through consultation on the implementation of the extradition.
3. The Requested Party shall provide reasons for any partial or complete rejection of the request for extradition.
4. The Requesting Party shall be considered as renouncing the request for extradition if it does not accept the person sought within fifteen days after the date on which the implementation of the extradition has been agreed, unless otherwise provided for in paragraph 5 of this Article. The Requested Party shall set that person at liberty immediately and may refuse extradition for the same offence.
5. If on Contracting Party fails to surrender or accept the person sought within the agreed period for reasons beyond its control, the other Party shall be notified. The Contracting Parties shall decide through consultation on the implementation of the extradition again, and the provisions of paragraph 4 of this Article shall apply.

Postponed and Temporary Surrender

1. When the person sought is being proceeded against or is serving a sentence in the Requested Party for an offence other than that for which extradition is requested, the Requested Party may surrender the person sought or postpone surrender until the conclusion of the proceedings or the service of the whole or any part of the sentence imposed. The Requested Party shall inform the Requesting Party of any postponement.
2. To the extent permitted by its law, where a person has been found extraditable, the Requested Party may temporarily surrender the person sought for the purpose of prosecution to the Requesting Party in accordance with conditions to be determined between the Contracting Parties. A person who is returned to the Requested Party following a temporary surrender may be finally surrendered to the Requesting Party to serve to any sentence imposed, in accordance with the provisions of this Treaty.

Requests for extradition Made by Several States

If requests for extradition of the same person are made by one Contracting Party and one or more third States, the Requested Party may determine the priority of any of these requests.

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This legislation is the Official Translation of the Office of the Narcotics Control Board


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