金融英语辅导:中华人民共和国引渡法(A)(8)
网络资源 Freekaoyan.com/2008-04-11
Article 26 The Supreme People’s court shall review the decision made by the Higher People’s Court and shall do the following respectively:
(1)where it believes that the decision mad by the Higher People’s Court conforms to the provision of this Law and of extradition treaties, it shall approve it; and
(2)where it believes that the decision made by the Higher People’s Court does not conform to the provisions of this Law and of extradition treaties, it may quash it and send the case back to the People’s Court which has originally reviewed it for fresh review, or modify the decision directly.
Article 27 In the course of examination, the People’s Court may, when necessary, request through the Ministry of Foreign Affairs that the Requesting State provide supplementary material within 30 days.
Article 28 After making the decision of approval or modification, the supreme People’s Court shall, within seven days from the date it makes the decision, transmit the letter of decision to the ministry of Foreign Affairs and, at the same time, serve it on the person sought.
After approving the decision or making the decision that no extradition shall be granted, the Supreme People’s Court shall immediately notify the public security organ to terminate the compulsory measures against the person sought.
Article 29 After receiving the decision made by the Supreme People’s Court that no extradition shall be granted, the Ministry of Foreign Affairs shall, without delay, notify the Requesting State of the same.
Upon receiving the decision made by the Supreme People’s Court that the request meets the conditions for extradition, the Ministry of Foreign Affairs shall submit the decision to the State Council for which to decide whether to grant extradition.
Where the State Council decides not to grant extradition, the Ministry of Foreign Affairs shall, without delay, notify the Requesting State of the same.
The People’s Court shall immediately notify the public security organ to terminate the compulsory measures against the person sought.
Section 4 Compulsory Measures for Extradition
Article 30 Where before making a formal request for extradition, a foreign state applies, under urgent circumstances, for keeping in custody the person sought, the public security organ may detain the said person for extradition upon request by the foreign state.
