On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Kingdom of Spain
Decree of the President of the Republic of Kazakhstan dated November 16, 2012 No. 433
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"
I DECREE:
1. Approve the attached project The Extradition Treaty between the Republic of Kazakhstan and the Kingdom of Spain.
2. Authorize the Prosecutor General of the Republic of Kazakhstan, Daulbaev Askhat Kaizullayevich, to sign on behalf of the Republic of Kazakhstan an extradition Treaty between the Republic of Kazakhstan and the Kingdom of Spain, authorizing amendments and additions that are not of a fundamental nature.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N.Nazarbayev
APPROVED
By Presidential Decree
Of the Republic of Kazakhstan dated November 16, 2012 No. 433
Project
contract
between the Republic of Kazakhstan and the Kingdom of Spain on extradition
The Republic of Kazakhstan and the Kingdom of Spain, hereinafter referred to as the Parties, desiring to maintain and strengthen the ties that have developed between the two States, striving to increase the effectiveness of cooperation between the two States in the field of combating crime and the enforcement of court sentences, especially its organized forms and terrorism, desiring to improve extradition procedures between the two States in accordance with with their legislation in the field of extradition, we have agreed on the following:
Article 1. Obligation of extradition
In accordance with the provisions of this Treaty, the Parties undertake, upon written request, to extradite to each other persons located in their territories who are wanted for criminal prosecution or for the execution of an extradition sentence.
Article 2. Extraditable offences
1. Extradition is carried out only in connection with acts criminalized in accordance with the laws of both Parties, in the presence of the following circumstances: a) the extradition request is aimed at bringing to criminal responsibility a person who has committed a crime for which the penalty in accordance with the laws of both Parties is at least one year in prison.; or (b) if, in addition to the circumstances provided for in the preceding paragraph of this article, the extradition request is aimed at the enforcement of a court sentence of at least one year's imprisonment at the time of the request. 2. When deciding whether the act for which extradition is requested is a crime in accordance with the laws of both Sides, differences in the description of individual signs of the crime and in the terminology used do not matter. 3. If the extradition request concerns two or more offences, each of which is criminally punishable under the national laws of both Parties, and at least one of them carries a penalty of imprisonment for the term provided for in paragraph 1 of this Article, the Requested Party may grant the extradition request for all offences.
Article 3. Grounds for mandatory refusal of extradition
Extradition is refused if: (a) The requested Party considers that the crime for which extradition is requested is a political crime. At the same time, terrorist crimes are not classified as political crimes.; (b) The requested Party has objective reasons to believe that the extradition request is related to the purpose of prosecuting or executing a court sentence in order to prosecute or punish a person on the basis of his or her race, gender, religion, nationality or political beliefs, or any of these reasons may lead to adverse consequences for the person sought;) the crime for which extradition is requested is exclusively military under the legislation of the Requested Party; (d) At the time of receipt of the extradition request, the wanted person is a citizen of the Requested Party or has been granted asylum by the Requested Party; (e) The statute of limitations for bringing the person to criminal responsibility or conviction has expired under the legislation of either Party.; f) in the Requested Party, a court has issued a decision or completed proceedings against the wanted person for the same crime for which extradition is requested, or in the Requested Party or in a third State, an investigation is underway against him for the same crime, a court decision has been issued, or he has been released from punishment or has already served it.; (g) An extradition request has been sent by the Requesting Party for the execution of a sentence imposed in absentia, and the Requesting Party does not provide the necessary guarantees about the person's right to a retrial after extradition, if the wanted person so desires; (h) The crime for which extradition is requested is punishable by death under the legislation of the Requesting Party. and the necessary guarantees have not been provided that the death sentence will not be imposed or, if imposed, will not be carried out.
Article 4. Conditions for refusal of extradition at discretion
Extradition may be refused if: (a) the offences for which extradition is requested are subject to the jurisdiction of the Requested Party in accordance with its national law and it is carrying out or planning to prosecute the requested person for these offences; (b) the offence for which extradition is requested has been committed outside the territories of both Parties and The requested Party does not extend its jurisdiction to crimes committed outside its territory.; (c) The requested Party, taking into account the severity of the crime and the interests of the Requesting Party, considers that extradition is contrary to the principles of humanity due to the age or state of health of the person sought; (d) Extradition of the person is requested for a crime punishable by life imprisonment or imprisonment for an indefinite period, and the Requesting Party does not provide the necessary guarantees to the Requested Party that he will not be subjected to life imprisonment or indefinite imprisonment.; (e) Extradition is requested for a person under the age of 16, and such extradition may have negative consequences for his or her social adjustment or rehabilitation.
Article 5. The obligation to carry out criminal prosecution by the Requested Party
1. If extradition is refused because of the nationality of the wanted person to the Requested Party, the Requested Party, at the request of the Requesting Party, is obliged, in accordance with its national legislation, to prosecute the wanted person or to enforce the sentence of the Requesting Party, which was the purpose of extradition. 2. To this end, the Requesting Party provides the Requested Party with a criminal case, evidence and necessary documents. If it is necessary to enforce the sentence, a court decision that has entered into legal force is also sent. 3. These documents must be sent with a translation into the language of the Requested Party or into English.
Article 6. Procedure of communication
For the purposes of implementing this Agreement, the competent authorities of the Parties are for the Republic of Kazakhstan - the Prosecutor General's Office, for the Kingdom of Spain - the Ministry of Justice. Relations between these bodies of the Parties are carried out through diplomatic channels, while maintaining the possibility of direct communication in urgent cases.
Article 7. Request for extradition and necessary documents
1. Requests for extradition shall be submitted in writing and shall include or be accompanied by the following documents: a) the original or a certified copy of the decision on detention issued in accordance with the legislation of the Requesting Party. If a person is wanted for the execution of a sentence, the request must be accompanied by the original or a certified copy of the final court verdict and a document indicating the length of the sentences served and to be served.; (b) The surname, first name, gender and nationality of the person being sought, as well as any other information that may help to establish the identity of the person and his possible location, and, if possible, a description of his appearance, photographs and fingerprints; (c) a description of the crime committed in connection with the request, with the most accurate indication of the place and time of his the commission, as well as his qualifications and the norms of criminal law applicable to him; (d) Copies of the texts of normative legal acts concerning the qualification of a crime and the determination of possible punishment, as well as establishing the statute of limitations for criminal prosecution or conviction. 2. An extradition request signed by a competent person and the attached documents shall be certified by the stamp of the competent authority and accompanied by a translation into the language of the Requested Party or English.
Article 8. Additional information
If the Requested Party considers that the information provided with the extradition request is not sufficient, it has the right to request additional information indicating a reasonable time for its provision. If the Requesting Party does not provide additional information within the specified period, the Requested Party has the right to disregard the extradition request, which the Requesting Party is informed about. Leaving the request without consideration does not prevent the Requesting Party from re-sending the extradition request.
Article 9. Arrest for the purpose of extradition
1. In case of urgency, one Party may request the other Party to arrest the wanted person before the Requested Party receives an extradition request. The specified request is sent in writing in accordance with the procedure provided for in Article 6 of this Treaty or through the International Criminal Police Organization (Interpol). 2. The request provided for in the previous paragraph, indicating the crime committed and the data for identifying the wanted person, must contain guarantees that the extradition request will be sent additionally and accompanied by a decision to detain the person. 3. The requested Party is obliged to immediately inform the Requesting Party of the results of the examination of the request for arrest. 4. If, after 40 days from the date of the person's arrest, the competent authority of the Requested Party has not received an extradition request, the arrested person shall be released. Upon prior request of the Requesting Party, the period of arrest may be extended for another 20 days. 5. The release of a person in accordance with the preceding paragraph does not preclude the possibility of continuing the extradition procedure if the Requested Party receives an extradition request later.
Article 10. Decision on the extradition request
1. The Requested Party shall decide on extradition in accordance with the procedure provided for by its national legislation, which shall be immediately informed in writing to the Requesting Party. In case of refusal to satisfy the request for extradition, such a decision is motivated. 2. Refusal of extradition for substantial reasons prevents the Requesting Party from sending a new extradition request against the same person for the same crimes.
Article 11. Face transfer
1. If the Requested Party agrees to extradition, the Parties shall agree on the place, time and other conditions for the transfer of the extradited person. At the same time, the Requested Party informs the Requesting Party about the period during which the person was in custody prior to extradition. 2. If the Requesting Party is unable to receive the person within 30 days after the agreed date of transfer of the person, the Requested Party shall immediately release him or her and may reject a second extradition request against the same person for the same crimes, except in the cases provided for in paragraph 3 of this article. 3. If the Requesting Party does not receive the person within the agreed period due to circumstances beyond its control, it is obliged to immediately notify the Requested Party. In this case, the Parties shall re-agree on the terms of transfer, applying the provisions of paragraphs 1 and 2 of this article.
Article 12. Postponement of issue and temporary release
1. If the wanted person is under investigation or is serving a sentence in the Requested Party for a crime other than the one for which extradition is requested, the Requested Party has the right, after agreeing to extradition, to delay the transfer of the wanted person until the completion of the criminal process or until he has served his sentence. The Requested Party must notify the Requesting Party of such a decision. 2. If, as a result of the postponement of extradition in accordance with paragraph 1 of this Article, it is possible to release a person from criminal liability provided for by the legislation of the Requesting Party due to the expiration of the statute of limitations, or if the investigation of the case is hampered in the Requesting Party, the Requested Party may, at the request of the Requesting Party and in accordance with the procedure provided for by its legislation, extradite the person for the time and on the terms agreed upon By the parties. 3. After achieving the objectives of temporary extradition, the requesting Party must immediately return the person to the Requested Party. At the request of the Requesting Party, the period of temporary extradition may be extended by the Requested Party for a reasonable period.
Article 13. Competing extradition requests
If the extradition of the same person is requested simultaneously from several States for the same or different acts, including from another Party to this Treaty, the Requested Party shall make a decision taking into account all the circumstances, in particular, the place of commission and gravity of the crime, the date of receipt of the requests, the nationality of the requested person and the possibility of his subsequent extradition. to another state.
Article 14. Limits of criminal prosecution
A person extradited under this Treaty may not be arrested, prosecuted or convicted in the Requesting Party for crimes committed prior to his extradition, for which extradition did not take place, nor may he be extradited to a third State, except in the following cases: a) The Requested Party has expressed its consent. In order to give such consent, the Requested Party has the right to request the documents and information provided for in Article 7 of this Treaty. The requesting Party shall also send to the Requested Party a statement from the extradited person stating that he has been informed by the Requesting Party of a request to the Requested Party for criminal prosecution or execution for crimes committed prior to his extradition; b) the person has not left the territory of the Requesting Party within 30 days after release. This period does not include the time during which the person was unable to leave the territory of the Requesting Party due to circumstances beyond his control.; or (c) The person has voluntarily returned to the territory of the Requesting Party after leaving it.
Article 15. Transfer of ownership
1. Upon the request of the Requesting Party, the Requested Party shall, within the limits permitted by its legislation, seize or confiscate objects and instruments of crime, as well as any other property found on its territory that may have evidentiary value. If the person has been extradited, they will be transferred to the Requesting Party, if possible during the transfer of the person. 2. With the consent of the Requested Party, the objects mentioned in the previous paragraph may be transferred to the Requesting Party even if it is impossible to extradite the person. 3. For the purpose of conducting other criminal proceedings, the requested Party has the right to postpone the transfer of the mentioned objects to the Requesting Party until the completion of such proceedings, or temporarily transfer the specified objects, provided that they are returned by the Requesting Party after the end of the proceedings. 4. The transfer of seized or confiscated property to the Requesting Party shall be carried out without prejudice to the rights of the Requested Party or third parties. Upon a written request from the Requested Party or a third party, the requesting Party shall immediately and gratuitously return the received objects to them, in proportion to the rights of these parties to such property, after the completion of the court proceedings.
Article 16. Transit
1. If a person has been extradited to one Party by a third State and such a person is traveling through the territory of the other Party for the purpose of extradition, the first Party requests a transit permit. Such a transit permit is not required in the case of using air transport without landing on the territory of this other Party. 2. The Requested Party shall permit transit at the request of the Requesting Party without prejudice to its national legislation.
Article 17. Notification of the results of criminal prosecution
The requesting Party is obliged to immediately notify the Requested Party of the results of the criminal prosecution or execution of the sentence against the extradited person, as well as of the re-extradition of this person to a third State. Copies of such decisions may also be sent at the request of the Parties.
Article 18. Expenses
The requested Party shall pay the expenses incurred as a result of the extradition on its territory. The costs of transportation and transit related to the transfer of the extradited person are borne by the Requesting Party.
Article 19. Relation to other agreements
This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.
Article 20. Dispute resolution
Any dispute that may arise in the interpretation or application of this Agreement will be resolved through negotiations and consultations.
Article 21. Entry into force of the Agreement
This Treaty shall enter into force on the first day of the month following the second day after the date of receipt through diplomatic channels of the last notification by the Parties of the completion of the internal procedures necessary for its entry into force.
Article 22. Term of validity and termination of the Agreement
1. This Agreement is concluded for an indefinite period. 2. Each Party may terminate this Agreement by notifying the other Party through diplomatic channels of its intention to do so. This Agreement shall terminate upon the expiration of six months from the date of receipt by one of the Parties through diplomatic channels of such notification.
IN WITNESS WHEREOF, the undersigned, being duly authorized for this purpose by their respective States, have signed this Treaty.
Committed in _____________ __ __________ ___________ in two copies, each in Kazakh and Spanish, and all texts have the same validity.
For the Republic of Kazakhstan For the Kingdom of Spain
President
Republic of Kazakhstan
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