金融英语辅导:中华人民共和国引渡法(A)(3)
网络资源 Freekaoyan.com/2008-04-11
(4)the person sought is one against whom penal proceedings instituted or punishment may be executed for reasons of that person’s race, religion, nationality, sex, political opinion or personal status, or that person may, for any of those reasons, be subjected to unfair treatment in judicial proceedings;
(5)the offence indicated in the request for extradition is a purely military offence under the laws of the People’s Requesting of China or the laws of the Requesting State;
(6)the person sought is, under the laws of the People’s Republic of China or the laws of the Requesting State, immune from criminal responsibility because, at the time the request is received, the limitation period for prosecution the offence expires or the person is pardoned, or for other reasons;
(7)the person sought has been or will probably be subjected to torture or other cruel, inhuman or humiliation treatment or punishment in the Requesting State;
(8)the request for extradition is made by the Requesting State on the basis of a judgement rendered by default, unless the Requesting State undertakes that the person sought has the opportunity to have the case retried under conditions of his presence.
Article 9 The request for extradition made by a foreign state to the People’s Republic of China may be rejected if:
(1)the People’s Republic of China has criminal jurisprudence over the offence indicated in the request and criminal proceedings are being instituted against the person or preparations are being made for such proceedings; or
(2)extradition is incompatible with humanitarian considerations in view of the age, health or other conditions of the person sought.
Section 2 Submission of the Request for Extradition
Article 10 The request for extradition made by the Requesting State shall be submitted to the Ministry of Foreign Affairs of the People’s Republic of China.
Article 11 The Requesting State shall present a letter of request for extradition which shall specify:
(1)the name of the requesting authority;
(2)the name, sex, age, nationality, category and number of identification documents, occupation, characteristics of appearance, domicile and residence of the person sought and other information that may help to identify and search for the person;
