金融英语辅导:中华人民共和国引渡法(A)(13)
网络资源 Freekaoyan.com/2008-04-11
Article 48 Under urgent circumstances, before a formal request for extradition is made, the request to take compulsory measures against the person concerned may be submitted to the foreign state through diplomatic channels or other channels consented by the Requested State.
Article 49 The instruments, documents and material required for request for extradition, for transit for extradition, or for taking compulsory measures shall be submitted in accordance with the provisions of extradition treaties, or where there are no such treaties or no such provisions in such treaties to go by, the provisions of Sections 2, 4 and 7 of this Chapter may be applied mutatis mutandis, or where the Requested State raises specific requirements, those requirements may be complied with on condition that the basic principles contained in the laws of the People’s Republic of China are not violated.
Article 50 Where the Requested State grants extradition with strings attached, the Ministry of Foreign Affairs may, on behalf of the Government of the People’s Republic of China, make assurance on condition that the sovereignty, national interests and public interests of the People’s Republic of China are not impaired.
The assurance with regard to restriction on prosecution shall be subject to decision by the Supreme People’s Procuratorate; the assurance with regard to measurement of penalty shall be subject to decision by the Supreme People’s Court.
In investigating criminal responsibility of the person extradited, the judicial organ shall be bound by the assurance made.
Article 51 The public security organ shall be responsible for taking over the person whose extradition is granted by the foreign state as well as the property related to the case.
Where the request for extradition is made by other organs, the public security organ shall, after taking over the person extradited and the property related to the case, transfer them to the said organs without delay, or take over the said person and related property in conjunction with the organs concerned.
Chapter IV Supplementary Provisions
Article 52 Where, in accordance with the provisions of this Law, whether to grant extradition is subject to decision by the State Council, the State Council may, when necessary, authorize relevant departments to make the decision.
