On approval of the agreement between the Republic of Kazakhstan and the Kyrgyz Republic on extradition and criminal prosecution of persons who have committed crimes

Home / RLA / On approval of the agreement between the Republic of Kazakhstan and the Kyrgyz Republic on extradition and criminal prosecution of persons who have committed crimes

Law of the Republic of Kazakhstan dated July 13, 1999 No. 417-I

To approve the agreement between the Republic of Kazakhstan and the Kyrgyz Republic on extradition and criminal prosecution of persons who have committed crimes, concluded in Almaty on April 8, 1997.

President Of The Republic Of Kazakhstan

Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on extradition and criminal prosecution of persons who have committed crimes

(Entered into force on July 2, 2000 - Bulletin of international treaties of the Republic of Kazakhstan, 2001, No. 5, Article 44)

The Republic of Kazakhstan and the Kyrgyz Republic, hereinafter referred to as the Contracting Parties, on the basis of respect for the sovereignty and equality of states based on the principles of international law, in order to strengthen cooperation in the fight against crime, agreed on the following:

Article 1 obligation of extradition and implementation of criminal prosecution

The Contracting Parties undertake, in accordance with the provisions of this agreement, to extradite to each other persons who are wanted on the territory of the requesting state, are on their territory, as well as to carry out criminal prosecution for crimes that lead to extradition upon request or for the execution of a sentence.

Article 2 competent institutions and officials

1.relations on extradition and criminal prosecution shall be carried out through the general prosecutor's offices of the Contracting Parties. 2.the competent officials are the prosecutor general of the contracting party, his deputies.

Article 3 language

When executing this Agreement, the contracting parties use their state language or Russian with the attachment of documents translated into Russian.

Article 4 extradition

1.the Contracting Parties, in accordance with the conditions provided for in this Agreement, undertake to extradite to each other persons who are on their territory on demand for criminal prosecution or execution of a sentence. 2.extradition shall be made for bringing to criminal responsibility for crimes punishable by the laws of the requested and requesting contracting party and for the commission of which imprisonment for a period of at least one year or a more severe punishment is provided. 3. Extradition for the execution of a sentence shall be carried out for crimes punishable by a term of at least six months or a more severe penalty, punishable by a person who is punished in accordance with the laws of the Requesting Party and the requested contracting party and for which extradition is required.

Article 5 refusal of extradition

1. if: a) the person to be extradited is a citizen of the requested Contracting Party; B) at the time of receipt of the claim, under the laws of the requested Contracting Party, due to the expiration of the term of the claim, or due to the inability to initiate criminal prosecution or execute the sentence on other legal grounds; C) a sentence that has entered into legal force for the same crime in the territory of the requested Contracting Party or a decision to terminate the proceedings in the case has been issued against the person to be extradited in the territory of the requested Contracting Party; D) if, in accordance with the laws of the requesting or requested Contracting Party, the crime is prosecuted under private prosecution (on the victim's application); E) if the requested Contracting Party carries out criminal prosecution for the same crime against the person to whom it is requested to be extradited, the extradition shall not be carried out. 2.extradition may be refused if the crime for which extradition is required is committed on the territory of the requesting Contracting Party. 3. In case of refusal of extradition, the Requesting Party must be notified in writing of the grounds for refusal.

Article 6 consequences of refusal of extradition

If, in accordance with Paragraph A) of Article 5 of this Agreement, the extradition of a person is refused, then the requested Contracting Party, on the basis of the instructions of the requesting Contracting Party, shall initiate criminal prosecution against this person in accordance with its laws. For these purposes, the requesting contracting party transfers to the requested Contracting Party the cases, memorials and evidence that it has at its disposal.

Article 7 extradition request

1. the request for extradition must be submitted in writing and contain: a) the name of the requested and requesting institution; B) a description of the actual circumstances of the crime and the text of the law of the requesting Contracting Party, which is based on the recognition of the act as a crime, indicating the measure of punishment provided for by this law; C) the surname, first name, patronymic, nationality, place of residence or location of the person subject to extradition, if possible, a description of his appearance and other information about his identity; d) indicating the amount of damage caused by the crime; E) the text of the law regarding the passage of the term of prosecution and execution of the sentence. 2.in addition to the information specified in Paragraph 1 of this article, a certified copy of the arrest resolution authorized by the prosecutor or the relevant court ruling, as well as documents confirming the citizenship of the person to whom extradition is required, must be attached to the extradition request. 3. In addition to the information specified in Paragraph 1 of this article, a certified copy of the sentence with a note of its entry into legal force and the provisions of the Criminal Law taken as a basis in the conviction of the person must be attached to the request for extradition for the execution of the sentence. If the convicted person has served part of the sentence, a certificate of The served part of the sentence is attached. 4.documents submitted by the contracting parties must be certified with a coat of arms seal, and the extradition request must be signed by a competent person.

Article 8 additional information

1.if the extradition request does not contain all the necessary information, the requested Contracting Party may request additional information, for which it sets a period of up to one month. This period may be extended for another month at the request of the requesting Contracting Party. 2.if the requesting Contracting Party does not provide additional information within the established time frame, the requested Contracting Party must release the arrested person.

Article 9 arrest for Search and extradition

After receiving the extradition request, the requesting Contracting Party takes measures to search and arrest the person who is required to be extradited, except in cases where extradition cannot be made.

Article 10 search for a person before the extradition request is received

1.the contracting parties, if there are grounds to assume that this person is on the territory of the requested Contracting Party, shall search for the person by transfer until the request for his extradition is received. 2.an order to carry out a search shall be drawn up in accordance with the provisions of Article 7 of this Agreement and shall contain the most complete description of the person being searched, along with any other information that allows you to determine the location of the person, an application for arrest indicating the transfer of a request for the extradition of this person. 3. The order to carry out the search must be accompanied by a certified copy of the decision of the competent authority on arrest or the sentence that has entered into legal force, information about the unserved part of the sentence, as well as a photo and finger relief (if any). 4.the Requesting Party is immediately notified of the arrest or other search results of the person under Search.

Article 11 arrest or detention until the extradition request is received

1.a person whose extradition is requested may be arrested even before the extradition request is received. The application must refer to an arrest warrant or a sentence that has entered into legal force, and it must state the additional filing of an extradition claim. Until the extradition request is received, the arrest request can be submitted by Mail, Telegraph or telefax. 2. A person may be detained even without the application provided for in Paragraph 1 of this article, if there are grounds provided for by law to suspect a person of committing a crime leading to extradition on the territory of another contracting party. 3.the arrest or detention must be immediately notified to the other Contracting Party before the extradition request is received.

Article 12 calculation of the period of detention

In accordance with the provisions of Articles 9, 11 of this Agreement, the time of detention of the arrested person shall be included in the total period of detention provided for by the laws of the contracting party in the event of his extradition.

Article 13 release of a detained or detained person

1.a person arrested in accordance with paragraph 1 of Article 11 must be released if the extradition request does not appear within two months from the date of arrest. 2.a person detained in accordance with paragraph 2 of Article 11 must be released if the extradition request does not appear within 30 days from the date of his detention.

Article 14 transfer of the detainee

The requested Contracting Party shall notify the requesting contracting party of the place and time of the transfer. If the requesting Contracting Party does not accept the person to be transferred within 15 days of the date of submission, this person must be released from custody.

Article 15 deferral of extradition

If a person who is required to be extradited is prosecuted or accused in the territory of the contracting party requested for another crime, his extradition may be postponed until the termination of criminal prosecution, the execution of a sentence or release from punishment.

Article 16 temporary extradition

1.if the deferral of extradition provided for in Article 15 of this Agreement leads to the expiration of the term of criminal prosecution or harms the investigation of a crime, the person whose extradition is requested on the application may be temporarily granted. 2.A temporarily transferred person must be returned after the action in the criminal case to which this person was transferred, but not later than three months after the person was transferred.

Article 17 conflict of claims for extradition

If extradition claims are received from several states, the requested Contracting Party independently decides which of these claims should be satisfied.

Article 18 limits of criminal prosecution of the detainee

1.an extradited person may not be criminally liable or punished for a crime committed before his extradition, for which he was not detained, without the consent of the requested Contracting Party. 2.a person may not be transferred to a third state without the consent of the requested Contracting Party. 3. The consent of the requested Contracting Party is not required if the detainee does not leave the territory of the requesting Contracting Party one month after the end of the Criminal Procedure, and in case of conviction - after serving the sentence or release from it, or if he voluntarily returns there. The time during which the detainee cannot leave the territory of the requesting Contracting Party without his / her charges shall not be included in this period.

Article 19 re-extradition

If the detainee evades criminal prosecution or serving a sentence, and returns to the territory of the requested Contracting Party, then on a new request, he must be extradited without the provision of the memoranda specified in paragraphs 2, 3 of Article 7 of this Agreement.

Article 20 temporary transfer of a person in custody or serving a sentence in the form of imprisonment

1.if it is necessary to interrogate a person held in custody or serving a sentence of deprivation of Liberty in the territory of another contracting party as a witness or victim, as well as to conduct another investigative action with his participation, this person, regardless of his nationality, may be temporarily transferred at the reasonable request of the interested contracting party, upon the decision of the prosecutor general of the requested Contracting Party, on the condition of his detention and return at the appointed time. 2. An application for the temporary transfer of the person referred to in Paragraph 1 of this article is drawn up in accordance with the provisions of Article 7 and must also indicate the time during which this person is required to be in the requesting Contracting Party. 3. if: a) if his consent to the transfer is not obtained; B) if it is necessary to be under preliminary investigation and judicial investigation in the territory of the requested Contracting Party; C) temporary transfer of the person referred to in Paragraph 1 of this article shall not be made if such extradition violates the established terms of detention of this person or his serving of a sentence in the form of imprisonment.

Article 21 notification of results

The requesting contracting party shall notify the requested contracting party in time of the results of criminal prosecution or execution of the sentence in respect of the extradition person, as well as the transfer of the said person to a third state, and at the request of the requested Contracting Party, he shall be given a copy of the final decision on the criminal case.

Article 22 transit transportation

1.the contracting party, at the request of the other contracting party, authorizes the transit transportation of persons granted to the other contracting party by a third State on its territory. 2.an application for a permit for such transportation is considered in the manner in which the extradition request is considered. 3.the requested Contracting Party shall authorize transit transportation in the way it deems most appropriate for the purpose.

Article 23 costs associated with extradition and transit transportation

The costs associated with extradition shall be borne by the Contracting Party arising on its territory, and the costs associated with transit transportation shall be borne by the Contracting Party applying for such transportation.

Article 24 obligation to carry out criminal prosecution

1.each contracting party undertakes, on behalf of the other contracting party, to carry out criminal prosecution against its citizens suspected of committing a crime in the territory of the requesting contracting party in accordance with its civil laws. 2.if the crime in which the case was initiated entails civil legal claims of persons who have suffered damage from the crime, in the presence of their application for compensation for damage, these claims are considered in this case.

Article 25 task on the implementation of criminal prosecution

1. The criminal prosecution order must contain: a) the name of the requested and requesting institution; b) a description of the crime related to the prosecution order; c) the most accurate indication of the time and place of the case; d) the text of the provision of the law of the requesting Contracting Party based on the recognition of the act as a crime, as well as the texts of other legal norms relevant to the proceedings; e) the surname and first name of the suspect, his nationality, as well as other information about his identity; F) applications of victims in criminal cases initiated on the victim's application and applications for compensation for damage; G) indication of the amount of damage caused by the crime. The order is accompanied by criminal prosecution files, as well as evidence available at the disposal of the requesting Contracting Party. 2.in case of sending a criminal case initiated by the requesting Contracting Party, the investigation into this case shall be continued by the requested Contracting Party in accordance with its laws. Each document contained in the case must be certified by the coat of arms of the competent institution of the requesting Contracting Party. 3.the assignment and the documents attached to it are drawn up in accordance with the provisions of Article 3. 4.if, at the time of sending the order to carry out prosecution, the accused is in custody on the territory of the requesting contracting party, he is brought to the territory of the requested Contracting Party.

Article 26 notification of the results of criminal prosecution

The requested Contracting Party is obliged to inform the requesting Contracting Party of the final decision. At the request of the requesting Contracting Party, a copy of the final decision is sent.

Article 27 compliance with confidentiality

In the presence of a relevant application: a) the requested Contracting Party shall take the necessary measures to keep the extradition or criminal prosecution claim, the content of the claim and the supporting documents confidential. If the claim cannot be fulfilled without confidentiality violations, the requested Contracting Party shall notify the requesting contracting party. The requesting Contracting Party then determines whether or not it is necessary to request satisfaction of the claim. B) the requesting Contracting Party shall keep the evidence and information provided by the requested Contracting Party confidential, except where these evidence and information are necessary for the investigation or judicial investigation referred to in the claim.

Article 28 consequences of decision-making

If, in accordance with Article 24, an order is sent to the contracting party to carry out criminal prosecution after the entry into force of the sentence or after the institution of the requested Contracting Party makes another final decision, the institutions of the requesting Contracting Party cannot initiate criminal proceedings, and the case initiated by it must be terminated.

Article 29 procedure for considering cases under the courts of both Contracting Parties

In cases where one person or a group of persons are accused of committing several crimes, cases of which are subject to the courts of two or more Contracting Parties, the court of the Contracting Party, on the territory of which the preliminary investigation has been completed, is competent to consider them. In this case, the case is considered according to the procedural rules of this Contracting Party.

Article 30 transfer of things

1.the Contracting Parties upon request shall provide to each other: (A) the objects used at the time of the commission of the crime, leading to extradition in accordance with this Agreement; as well as the means of the crime; objects obtained as a result of the crime or received as a reward for its commission, or objects received in exchange for the things received by the 2. If the items mentioned in the first paragraph of this article are required by the requested Contracting Party as evidence in a criminal case, their transfer may be postponed until the end of the proceedings in the case. 3.the rights of third parties to the transferred items remain in force. At the end of the proceedings on the case, these items must be returned free of charge to the contracting party that issued them.

Article 31 relation to other conditions

This agreement does not affect the rights and obligations of the contracting parties arising from other international treaties to which the contracting parties are parties.

Article 32 resolution of issues

Issues arising in the application of this Agreement are resolved by the competent institutions of the Contracting Parties by mutual agreement.

Article 33 procedure for making changes and additions

Amendments and additions to this Agreement shall be made by mutual agreement between the Contracting Parties and shall enter into force after the implementation of legal procedures in accordance with the national laws of each Contracting Party.

Article 34 approval and entry into force

This agreement is subject to approval and comes into force on the 30th day after the exchange of certificates of approval.

Article 35 validity period

This Agreement shall cease to be valid indefinitely and shall cease to exist six months after the written notification of its termination by any of the contracting parties through diplomatic channels.

Made in Almaty, in 8 kokek of 1997 in two copies in Kazakh, Kyrgyz and Russian, each of which has the same power. In case of contradictions in the interpretation of the text of this treaty, the text in Russian is taken as a basis.

The Republic of Kazakhstan for the Kyrgyz Republic

President

Republic of Kazakhstan

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