金融英语辅导:中华人民共和国引渡法(A)(5)
网络资源 Freekaoyan.com/2008-04-11
Article 15 Where there is no extradition treaty to go by, the Requesting State shall make a reciprocity assurance.
Section 3 Examination of the Request for Extradition
Article 16 Upon receiving the request for extradition from the Requesting State, the Ministry of Foreign Affairs shall examine whether the letter of request for extradition and the accompanying documents and material conform to the provisions of Section 2 in Chapter II of this Law and the provisions of extradition treaties.
The Higher People’s Court designated by the Supreme People’s Court shall examine whether the request for extradition made by the Requesting State conforms to the provisions of this Law and of extradition treaties regarding conditions for extradition and render a decision on it.
The decision made by the Higher People’s Court is subject to review by the Supreme People’s Court.
Article 17 Where two or more states request extradition of the same person for the same or different conducts, the order of priority of the request for extradition shall be determined upon considering the factors such as the time when those requests for extradition are received by the People’s Republic of China and the fact whether there are extradition treaties between the People’s Republic of China and the Requesting States to go by.
Article 18 Where the Ministry of Foreign Affairs, after examination, believes that the request for extradition submitted by the Requesting State does not conform to the provisions of Section 2 in Chapter II of this Law or the provisions of extradition treaties, it may ask the Requesting State to furnish supplementary material within 30 days.
The time limit may be extended for 15 days at the request of the Requesting State.
If the Requesting State fails to provide supplementary material within the time limit mentioned above, the Ministry of Foreign Affairs shall terminate the extradition case. The Requesting State may make a fresh request for extradition of the person for the same offence.
Article 19 Where the Ministry of Foreign Affairs, after examination, believes that the request for extradition submitted by the Requesting State conforms to the provisions of Section 2 in Chapter II of this Law and the provisions of extradition treaties, it shall transmit the letter of request for extradition and the accompanying documents and material to the Supreme People’s Court and the Supreme People’s Procuratorate.
