金融英语辅导:中华人民共和国引渡法(A)(2)
网络资源 Freekaoyan.com/2008-04-11
(3)"extradition treaty" refers to a treaty on extradition, which is concluded between the People’s Republic of China and a foreign state or to which both the People’s Republic of China and a foreign state are parties, or any other treaty which contains provisions in respect of extradition.
Chapter II Request Made to the People’s Republic of China for Extradition
Section 1 Conditions for Extradition
Article 7 Request for extradition made by a foreign state to the People’s Republic of China may be granted only when it meets the following conditions;
(1)the conduct indicated in the request for extradition constitutes an offence according to the laws of both the People’s Republic of China and the Requesting State; and
(2)where the request for extradition is made for the purpose of instituting criminal proceedings, the offence indicated in the request for extradition is, under the laws of both the People’s Republic of China and the Requesting State, punishable by a fixed term of imprisonment for one year or more or by any other heavier criminal penalty; where the request for extradition is made for the purpose of executing a criminal penalty, the period of sentence that remains to be served by the person sought is at least six months at the time when the request is made.
If the request for extradition concerns miscellaneous offences which conform to the provisions of subparagraph (1) of the preceding paragraph, as long as one of the offences conforms to the provisions of subparagraph (2) of the preceding paragraph, extradition may be granted for all of those offences.
Article 8 The request for extradition made by a foreign state to the People’s Republic of China shall be rejected if :
(1)the person sought is a national of the People’s Republic of China under the laws of the People’s Republic of China;
(2)at the time request is received, the judicial organ of the People’s Republic of China has rendered an effective judgement or terminated the criminal proceedings in respect of the offence indicated in the request for extradition;
(3)the request for extradition is made for a political offence, or the People’s Republic of China has granted asylum to the person sought;
