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We wish to thank Chaninat & Leeds a law firm headed by a US lawyer in Bangkok for their assistance in the development of the content of Thailand Law Forum. Chaninat and Leeds specializes in US Immigration law, Criminal law and Criminal Extradition.




 

ARTICLE 9
Extradition Procedures and Required Documents

(1) The request for extradition shall be made through the diplomatic channel.
(2) The request for extradition shall be accompanied by:
(a) documents, statements, or other evidence which describe the identity and probable location of the person sought;
(b) statement of the facts of the case, including, if possible, the time and location of the crime;
(c) the provisions of the law describing the essential elements and the designation of the offense for which extradition is requested;
(d) the provisions of the law describing the punishment for the offense ; and
(e) the provisions of the law describing any time limit on the prosecution or the execution of punishment for the offense.
(3) A request for extradition relating to a person who is sought for prosecution also shall be accompanied by:
(a) copy of the warrant of arrest issued by a judge or other competent authority of the Requesting State;
(b) such evidence as, according to the law of the Requested State, 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.
(4) When the request for extradition relates to a convicted person, in addition to the items required by paragraph (2) of this Article, it shall be accompanied by:
(a) copy of the judgment of conviction by a copy of the Requesting State ; and
(b) evidence providing that the person sought is the person to whom the conviction refers. If the person has been convicted but not sentenced, the request for extradition shall also be accompanied by a statement to that effect. If the convicted person has been sentenced, the request for extradition shall also be accompanied by a copy of the sentence imposed and a statement showing to what extent the sentence has been carried out.
(5) All documents submitted by the Requesting State shall be translated into the language of the Requested State.
(6) Documents transmitted through the diplomatic channel shall be admissible in extradition proceedings in the Requested State without further authentication, or other legalization.

ARTICLE 10
Provisional Arrest

(1) In case of urgency, either Contracting Party may request the provisional arrest of any accused or convicted person. Application for provisional arrest shall be made through the diplomatic channel or directly between the Department of Justice in the United States of America and the Ministry of Interior in Thailand, in which case the communication facilities of Interpol may be used.
(2) The application shall contain: a description of the person sought ; the location of that person, if know ; a brief statement of the facts of the case including, if possible, the time and location of the offense ; a statement of the existence of a warrant of arrest or a judgment of conviction against that person, as referred to in Article 9; and a statement that a request for extradition of the person sought will follow.
(3) The Requesting State shall be notified without delay of the result of its application.
(4) Provisional arrest shall be terminated if, within a period of 60 days after the arrest of the person sought, the competent authority of the Requested State has not received the formal request for extradition and the supporting documents required by Article 9.
(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 9 are delivered at a later date.

ARTICLE 11
Decision and Surrender

(1) The Requested State shall communicate without delay through the diplomatic channel to the Requesting State its decision on the request for extradition.
(2) The Requested State shall provide reasons for any partial or complete rejection of the request for extradition.
(3) If the extradition has been granted, surrender of the person sought shall take place within such time as may be prescribed by the laws of the Requested State. The competent authorities of the Contracting Parties shall agree on the time and place of the surrender of the person sought. If, however, that person is not removed from the territory of the Requested State within the prescribed time, that person may be set at liberty and the Requested State may subsequently refuse extradition for the same offense.

ARTICLE 12
Deferred Surrender

If the extradition request is granted in the case of a person who is being proceeded against or is serving a sentence in the territory of the Requested State for a different offense, the Requested State may defer the surrender of the person sought until the conclusion of the proceedings against that person, or the full execution of any punishment that may be or may have been imposed.


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