ARTICLE 3
Political and Military Offences
(1) Extradition shall not be granted when:
(a) the offence for which extradition is sought is a political offence; or
(b) it is established that extradition is requested for political purposes; or
(c) the offence for which extradition is sought is exclusively a military offence.
(2) For the purpose of this Treaty, a murder or willful crime against the life or physical integrity of a Head of State of one of the Contracting States or of a member of that person’s family, including attempts to commit such offences, shall not be deemed to be offences within the meaning of paragraph (1) of this Article.
ARTICLE 4
Dual Jurisdiction
The Requested State may refuse to extradite a person claimed for a crime which is regarded by its laws as having been committed in whole or in part in its territory or in a place treated as its territory, provided it shall proceed against the person for that crime according to its laws.
ARTICLE 5
Prior Jeopardy for the Same Offence
(1) Extradition shall not be granted when the person sought has been tried and convicted or acquitted in the Requested State for the offence for which extradition is requested.
(2) Extradition may be denied when the person sought is being or has been proceeded against in the Requested State for the offence for which extradition is requested.
(3) Extradition may be granted even if the competent authorities of the Requested State have decided not to prosecute the person sought for the acts for which extradition is requested.
ARTICLE 6
Lapse of Time
Extradition shall not be granted when the prosecution or the enforcement of the penalty for the offence for which extradition has been sought has become barred by lapse of time according to the laws of the Requesting State.
ARTICLE 7
Nationality
(1) Neither Contracting State shall be bound to extradite its own nationals.
(2) If extradition is not granted pursuant to paragraph (1) of this Article, the Requested State shall, at the request of the Requesting State, submit the case to its competent authority for prosecution. For this purpose, the Requesting State shall submit the files, information, and exhibits relating to the case to the Requested State. If the Requested State requires additional documents or evidence, such documents or evidence shall be submitted without charge to that State.
(3) Notwithstanding paragraph (2) of this Article, the Requested State shall not be required to submit the case to its competent authority for prosecution if the Requested State has no jurisdiction over the offence.
ARTICLE 8
Extradition Procedures and Required Documents
(1) The request for extradition shall be made through the diplomatic channels.
(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) a 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 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.
(3) A request for extradition relating to a person who is 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 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) a copy of the judgment of conviction by a court of the Requesting State; and
(b) evidence providing that the person sought is [he 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 Slate shall be translated into the language of the Requested State.
(6) Documents transmitted through [he diplomatic channels shall be admissible in extradition proceedings in the Requested State without further authentication, or other legalization.
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