金融英语辅导:中华人民共和国引渡法(A)(12)
网络资源 Freekaoyan.com/2008-04-11
Section 7 Transit for Extradition
Article 44 Where extradition between foreign states involves transit through the territory of the People’s of China, the foreign states shall, in accordance with the relevant provisions of Article 4 and in Section 2 of this Chapter of this Law, make a request for such transit.
The preceding paragraph is not applicable where air transport is used for transit and no landing in the territory of the People’s Republic of China is scheduled. In the event of an unscheduled landing, a request for transit shall be submitted in accordance with the provisions of the preceding paragraph.
Article 45 The Ministry of Foreign Affairs shall, in accordance with the relevant provisions of this Law, examine the request for transit made by a foreign state, and make a decision on whether to permit it or not.
The decision to permit transit or to refuse transit shall be notified to the Requesting State by the Ministry of Foreign Affairs through the same channels as the ones through which the request is received.
After making the decision to permit transit, the Ministry of Foreign Affairs shall, without delay, notify the Ministry of Public Security of the same. The Ministry of Public Security shall decide on such matters as the time, place and manners for the transit.
Article 46 The public security organ in the place of transit shall supervise or assist in the execution of transit for extradition.
The public security organ may provide a temporary place for custody upon the request of the Requesting State.
Chapter III Request Made to Foreign States for Extradition
Article 47 When requesting a foreign state to grant extradition or transit for extradition, the adjudicative organ, procuratorate organ, public security organ, state security organ or prison administration organ responsible for handling the case concerned in a province, autonomous region and municipality directly under the Central Government shall submit its written opinions accompanied by relevant documents and material with certified correct translation respectively to the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice.
After the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice have, respectively in conjunction with the Ministry of Foreign Affairs, reviewed the opinions and approved to make the request, the request shall be submitted to the foreign state through the Ministry of Foreign Affairs.
