金融英语辅导:中华人民共和国引渡法(A)(9)
网络资源 Freekaoyan.com/2008-04-11
The request mentioned in the preceding paragraph shall be submitted through diplomatic channels or to the Ministry of Public Security in written form and shall contain the following:
(1)the contents provided for in Articles 11 and 14 of this Law;
(2)statement of availability of the material provided for in subparagraph(1), Article 12 of this Law; and
(3)statement that a formal request for extradition is to be made soon.
If the request is submitted through diplomatic channels, the Ministry of Foreign Affairs shall, without delay, transmit it to the Ministry of Public Security.
If the request is submitted to the Ministry of Public Security, the Ministry of Public security shall impart to the Ministry of Foreign Affairs information about the request.
Article 31 When the public security organ, in accordance with the provisions of Article 30 of this Law, takes measures to detain the person for extradition, as requested, if the request is submitted to the Ministry of Public Security, the Ministry of Public Security shall, without delay, notify the Requesting State of the fact;
if the request is submitted through diplomatic channels, the Ministry of Public security shall notify the Ministry of Foreign Affairs of the fact an the latter shall, without delay, notify the Requesting State of the same.
When doing the notification through the above- mentioned channels, the time limit for sumitting a formal request for extradition shall be informed at the same time if the person has been detained for extradition as requested.
If, within 30 days after the public security organ takes the measure of detention for extradition, the Ministry of Foreign Affairs receives no formal request for extradition from the foreign state, the public security organ shall terminate the detention for extradition. At the request of the foreign state, the time limit may be extended for 15 days.
Where the detention for extradition s terminated in accordance with The provisions in the second paragraph of this Article, the Requesting State may make a formal request for extradition of that person for the same offence afterwards.
Article 32 After receiving the letter of request for extradition and the accompanying documents and material, the Higher People’s Court shall, without delay, make a decision to arrest the person for extradition, where normal extradition may be impeded if such a measure is not taken.
