Extradition between China and Italy
Italian criminal lawyers for extradition
Under the Extradition Treaty between the Italian Republic and the Republic of China, made at Rome on October 7, 2010, each Contracting State, at the request of the requesting State agrees to extradite the people who are on its territory and who are sought by the requesting State in order to give effect to criminal proceedings or execute a prison sentence imposed against them.
The extradition will be possibile:
- when the extradition request is made as to pursue a criminal case and the offense is punishable under the law of both States by imprisonment of at least one year;
- when the extradition request is made to execute a sentence of imprisonment and at the time of submission of the application the duration of the remaining sentence is of at least 6 months.
If the request for extradition includes two or more offenses, each of which constitutes an offense under the law of both states, and as long as one of them meets the conditions laid down in the Treaty, the requested State may grant extradition for all those offenses.
If the offense for which extradition is requested relates to the field of taxes and tax, customs and foreign exchange or other financial obligations, the requested State will not refuse the extradition only for the reason that its law does not provide the same discipline on with taxes, customs and foreign exchange or other financial obligations.
Extradition shall not be granted in the following circumstances:
- if the offense for which it is requested is a political offense or if the requested State has granted political asylum to the person sought. To this end, they are not considered political offenses the crimes of terrorism;
- if the requested State has reason to believe that the extradition request has been made for the purpose of prosecuting or punishing the person sought on grounds of race, sex, religion, nationality or political opinion or that that person's position in the legal proceedings may be prejudiced for any of these reasons;
- if the offense for which extradition is requested is only a military offense under the law of the Requested State;
- if the requested State has issued a final judgment or has definitively concluded the criminal proceedings against the person sought for the offense for which extradition is requested;
- if there is reason to believe that the person sought, has been or will be submitted to tortur or other treatment or cruel, inhuman or humiliating, with reference to the offense for which extradition is requested;
- if the acceptance of the request for extradition may impair the sovereignty, security, public order or other essential interests of the requested State or may determine consequences conflicting with the fundamental principles of its domestic law, including the implementation of a kind of punishment prohibited by the laws of the requested State.
Each State has the right to refuse extradition of its citizens. In case of refusal of extradition request and the requesting State, the requested State shall submit the case to its competent authorities for the establishment of a criminal case in accordance with its domestic law. To this end, the requesting State must provide the requested State with evidences, documentation and any other relevant information in its possession.
Please see also:
For more information, please contact International Criminal Lawyers in Rome
Published on 19 January 2016
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