On the ratification of the Extradition Treaty between the Republic of Kazakhstan and Hungary

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The Law of the Republic of Kazakhstan dated April 15, 2015 No. 304-V SAM

To ratify The extradition Treaty between the Republic of Kazakhstan and Hungary, signed in Budapest on June 3, 2014.

President of the Republic of Kazakhstan N. NAZARBAYEV

THE EXTRADITION TREATY between the Republic of Kazakhstan and Hungary

The Republic of Kazakhstan and Hungary, hereinafter referred to as the "Parties", desiring to promote effective legal cooperation between the two States in order to combat crime, based on mutual respect for sovereignty and equality, desiring to improve cooperation between the two States in the field of extradition, bearing in mind that this goal can be achieved through the conclusion of a bilateral agreement establishing joint actions regarding the extradition of persons, agreed on the following:

Article 1. Obligation of extradition

Each Party undertakes, in accordance with the terms of this Agreement, to extradite persons located on its territory who are wanted by the Requesting Party for the purpose of criminal prosecution or enforcement of a court verdict that has entered into force for extraditable offences.

Article 2. Extradition offences

1. Extradition is carried out for crimes that, according to the national legislation of both Sides, are punishable by imprisonment for a period of at least 1 year or more severe punishment. 2. Extradition for the enforcement of a court sentence is carried out if, at the time of sending the extradition request, the period of serving the sentence by the wanted person is at least six months. 3. For the purpose of defining a crime in accordance with paragraph 1 of this article, it does not matter whether the national legislation of the Parties classifies the act constituting this crime into a similar category of crimes or designates this crime with the same or different terminology. 4. In respect of crimes related to violations of customs, tax and currency regulation legislation, extradition of a person may not be refused on the grounds that the national legislation of the Requested Party does not provide for tax and customs regulations or rules in the field of currency regulation similar to the national legislation of the Requesting Party. 5. If the crime was committed outside the territory of the Requesting Party, extradition must be granted if the national legislation of the Requested Party provides for punishment for crimes committed outside its territory under the same circumstances. 6. If the request for extradition of a person relates to two or more offences, each of which is punishable by imprisonment under the national laws of both Parties, but some of them do not meet the conditions provided for in paragraphs 1 and 2 of this Article, the Requested Party has the right to grant extradition in respect of all offences.

Article 3. Mandatory grounds for refusal of extradition

The issue is refused if: (a) The requested Party has objective grounds to believe that the extradition request is being submitted for the purpose of accusing or punishing the person being sought on the basis of race, gender, religion, nationality or political beliefs, or the person's involvement in the judicial process may threaten his rights for the reasons indicated; (b) The crime for which extradition has been requested persons may be punished in the Requesting Party in a manner prohibited by the national legislation of the Requested Party.; (c) The Requested Party has objective grounds to believe that the person sought in the Requesting Party may be subjected to punishment or any other act or omission that does not ensure respect for fundamental human rights, including the right to protection from cruel, inhuman and degrading treatment; (d) Criminal prosecution under the national legislation of the Requested Party may not The case may be initiated or the sentence may not be carried out due to the expiration of the statute of limitations; e) the competent authorities of the Requested Party have made a final decision regarding the requested person on the crime or offences specified in the extradition request. Extradition may be refused if the competent authorities of the Requested Party decide not to initiate or terminate proceedings on the same offence or offences; f) the person against whom extradition is requested has been granted asylum by the Requested Party.; (g) The Requested Party considers that the extradition of a person may harm its sovereignty, national security, public order or other interests, or is contrary to its Constitution; (h) The crime for which extradition is requested carries the death penalty in accordance with the national legislation of the Requesting Party, the Requested Party has the right to refuse extradition if the Requesting Party The Party will not provide guarantees that the death penalty will not be imposed or, if imposed, will not be carried out.; (i) Extradition is requested for a military offence, which has no analogy in ordinary criminal law; (j) The offence for which extradition is requested is considered by the Requested Party to be a political or a crime related to a political offence. At the same time, political crimes are not: I. murder or other crimes against the life, health or freedom of the Head of State, members of the Government, as well as members of their families; II. terrorism, as well as other crimes that are not political in accordance with other international treaties to which the Parties are Parties.

Article 4. Optional grounds for refusal of extradition

Extradition may be refused on the basis of any of the following grounds: (a) If the offence for which extradition is requested falls under the jurisdiction of the Requested Party in accordance with its national law, and the requested person is under investigation or will be prosecuted by the competent authorities of the Requested Party for the same offence; (b) If the Requested Party, taking into account the gravity of the crime and the interests of both Parties, considers that the extradition of the person concerned would be incompatible with considerations of humanity due to age, health or other personal circumstances.

Article 5. Extradition of own citizens

1. Each Party has the right to refuse to extradite its citizens. 2. In case of refusal to extradite its national, the Requested Party must subject that person to criminal prosecution in accordance with its national legislation. For this purpose, the Requesting Party, through the central authorities specified in Article 6 of this Treaty, shall provide the Requested Party with the criminal case, the necessary documents and any other information at its disposal. 3. The Requested Party shall promptly inform the Requesting Party of the actions taken upon request and of the outcome of the judicial proceedings in the case.

Article 6. Central authorities of the Parties

1. For the purposes of this Agreement, the central authorities designated by the Parties shall interact directly with each other. 2. The central authorities are: from the Republic of Kazakhstan - the Prosecutor General's Office of the Republic of Kazakhstan; from Hungary - the Minister in charge of Justice. 3. In the event of a change in the names of their central bodies or the transfer of their functions to other State bodies, the Parties shall notify each other through diplomatic channels.

Article 7. Request for extradition and necessary documents

1. The request for extradition and accompanying documents shall be drawn up in writing, sent through the central authorities and must contain the following: (a) The name of the Requesting Authority; (b) The first and last name, date of birth, gender, nationality, details of the identity document of the person being sought, and any other information that may facilitate the identification of the requested person or his location, as well as, if available, identification data, photographs and fingerprints; (c) A statement of the facts constituting the crime for which extradition is requested, indicating the date and place of its commission; (d) Texts of relevant legal norms qualifying the crime and establishing the punishment that may be imposed for this crime; (e) Texts of relevant legal norms related to the statute of limitations for criminal prosecution; or execution of a sentence for a crime; (f) If the offence for which extradition is requested was committed outside the territory of the Requesting Party, the text of the law providing for the jurisdiction of the Requesting Party for such offences. 2. In addition to the documents listed in paragraph 1 of this article, the request for extradition of a person shall be accompanied by: a) if the extradition request concerns criminal prosecution, a copy of the arrest decision; b) if the extradition request concerns the execution of a court sentence, a copy of the court decision indicating the period served by the wanted person. 3. For the purposes of this Agreement, documents are considered certified if they are signed or certified by a judge or other authorized person of the Requesting Party and sealed with the official seal of the central authority of the Requesting Party. All submitted documents must be accompanied by a translation into the official language of the Requested Party or into English.

Article 8. Additional information

1. If the information provided by the Requesting Party accompanying the extradition request is insufficient for the Requested Party to make a decision in accordance with this Treaty, the Requested Party may request additional information. The requested additional information must be provided within thirty (30) days of receipt of the request. 2. If the person in respect of whom extradition is requested is arrested and the requested additional information is not received within the time period provided for in paragraph 1 of this article, the person may be released. Such an exemption should not prevent the Requesting Party from submitting a new extradition request. 3. If a person is released from custody in accordance with paragraph 2 of this Article, the Requested Party must notify the Requesting Party within two (2) days.

Article 9. Decision on extradition request

1. The requested Party shall take a decision on the extradition request in accordance with the provisions of this Treaty and in accordance with the procedure established by its national legislation, immediately notifying the Requesting Party of its decision. 2. If the Requested Party refuses the extradition request in whole or in part, the reasons for the refusal shall be communicated to the Requesting Party.

Article 10. Simplified issuance

1. When the wanted person whose extradition is requested consents to this, extradition may be carried out on the basis of an extradition request without providing the documents specified in Article 7 of this Treaty. However, the Requested Party has the right to request additional information that it deems necessary for extradition. 2. An application for the consent of a wanted person is considered legitimate if it is submitted in the presence of a lawyer and a representative of the competent authority of the Requested Party, who must inform the wanted person of the right to standard extradition, of the right to protection that can be provided in accordance with the special rule provided for in Article 11 of this Treaty, as well as that this the application cannot be withdrawn. 3. This statement is attached to the materials of the proceedings, which indicate that the conditions for its legitimacy have been met.

Article 11. Special rule

1. A person extradited in accordance with this Treaty may not be detained, charged, punished or subjected to any other measure restricting personal freedom for any crime other than the one for which he was extradited, except in the following cases: a) the crime was committed after his extradition; b) the extradited person leaves the territory of the Requesting Party after extradition and voluntarily returns back.; c) the extradited person does not leave the territory of the Requesting Party within forty-five (45) days from the moment when he had the opportunity to do so. However, such a period does not include the period of time during which the above-mentioned person is unable to leave the territory of the Requesting Party for reasons beyond his control; d) The Requested Party agrees to this. If a request for consent is received from the Requesting Party, the Requested Party may, in accordance with this Treaty, agree to the criminal prosecution of the extradited person or the enforcement of a court verdict that has entered into force against him for a crime other than the one for which he was extradited. In such a case: 1) The Requested Party shall send a request to the Requesting Party for the transfer of documents and information specified in Article 7 of this Treaty.; 2) while awaiting a decision on the sent request, the extradited person may be detained in the Requesting Party in accordance with its national legislation; f) the requested person agrees to extradition and at the same time refuses to use a special rule.

Article 12. Re-extradition to a third country

The requesting Party may not re-extradite a person to a third country without the prior consent of the Requested Party for crimes committed prior to his extradition. In order to obtain such consent, the Requested Party has the right to request the provision of documents and information specified in Article 7 of this Treaty.

Article 13. Preliminary arrest

The request for provisional arrest should contain a reference to the decision of the competent authority of the Requesting Party to place the person under arrest or to the sentence that has entered into force, and an indication that the extradition request will be submitted additionally. A request for preliminary arrest may be transmitted using technical means of communication and the original sent to the central authority of the Requested Party by mail or through the International Criminal Police Organization (Interpol). 2. The Requested Party is obliged to immediately inform the Requesting Party of the decision on the request for provisional arrest. 3. If the central authority of the Requested Party has not received an official extradition request within 40 days from the date of the preliminary arrest of the person, such arrest shall cease to be effective. This period of arrest may be extended for another 20 days upon a reasoned request from the Requesting Party. 4. The release of a person in accordance with paragraph 3 of this article does not prevent the extradition of a wanted person if the Requested Party subsequently receives an official extradition request.

Article 14. Competing requests

If the Requested Party receives a request for the extradition of a person from two or more States, including the Requesting Party, for the same or for different crimes, the Requested Party decides at its discretion which request to grant and notifies the requesting States accordingly. In case of competition between the extradition request from the Republic of Kazakhstan and the European Arrest Warrant submitted by a member State of the European Union, Hungary determines which State the person will be extradited to. When making a decision, the requested Party shall take into account the following circumstances: (a) Whether the requests were sent on the basis of existing international treaties; (b) The severity of the crimes; (c) the time and place of commission of the crime; (d) The nationality and permanent residence of the wanted person; (e) The time of the requests; (f) The possibility of subsequent criminal prosecution against the wanted person or the execution of a sentence against him vessels in the requesting States.

Article 15. Face transfer

1. If the Requested Party grants the extradition request, the Parties shall immediately agree on the time, place and any other necessary issues related to the transfer of the person. The requested Party shall inform the Requesting Party of the period of time during which the person was in custody for the purpose of extradition prior to his transfer. 2. The time period for the transfer of a person is forty (40) days from the moment when the Requesting Party was notified of the satisfaction of its extradition request. 3. If the Requesting Party fails to receive a person within the time period provided for in paragraph 2 of this Article, the Requested Party shall immediately release that person and shall have the right to reject a new request from the Requesting Party for the extradition of the same person for the same crimes, except in the case provided for in paragraph 4 of this Article. 4. If one of the Parties is unable to transfer or accept the extradited person due to circumstances beyond its control, the interested Party shall immediately notify the other Party and they shall agree on a new deadline for transfer. 5. The time spent in custody for extradition purposes, including house arrest, is included in the total period of execution of the sentence imposed in the Requesting Party in accordance with its national legislation.

Article 16. Postponement of the transfer of the extradited person or temporary extradition

1. If a criminal prosecution has been initiated against a person whose extradition request has been granted or he is serving a sentence in the Requested Party for committing a crime other than the one for which he was extradited, the Requested Party has the right to delay his transfer until the end of the criminal process or until the full execution of the sentence. In the event of such a delay, the Requested Party shall immediately notify the Requesting Party. 2. At the request of the Requesting Party, the Requested Party may, in accordance with its national legislation, temporarily extradite the requested person in order to provide the last opportunity to carry out criminal prosecution. In this case, the Parties agree on the period of temporary extradition. A person who has been temporarily extradited shall be held in custody for the entire period of his stay in the territory of the Requesting Party and returned to the Requested Party within the agreed time limits. The time spent in custody in the Requesting Party is counted towards the term of execution of the sentence imposed in the Requested Party. 3. The transfer of a person may also be postponed if his transfer due to his health condition may endanger his life or worsen his health condition. In these cases, the Requested Party shall provide the Requesting Party with a detailed medical report issued by its competent health institution.

Article 17. Confiscation and transfer of property

1. If the Requested Party, at the request of the Requesting Party, confiscates objects or instruments of crime, as well as any other property found on its territory that may be of evidentiary value, and if the extradition request is granted, the listed objects shall be transferred to the Requesting Party. 2. Even if the extradited person has not been handed over, the objects referred to in paragraph 1 of this Article may be transferred upon request to the Requesting Party. 3. For the purpose of conducting other criminal proceedings, the requested Party has the right to postpone the transfer to the Requesting Party of the objects specified in paragraph 1 of this Article until the completion of these criminal proceedings, or to temporarily transfer these objects, provided that they are returned by the Requesting Party after the end of the proceedings. 4. When transferring the above-mentioned objects, the ownership rights of both and third Parties must be respected. If such rights exist, the transferred objects are returned free of charge to their owner or the Requested Party as soon as possible after the completion of the proceedings.

Article 18. Transit

1. Each Party, in accordance with its national legislation, has the right to allow transit through its territory of a person extradited to the other Party by a third State. 2. The requesting Party shall send to the Requested Party through the central authorities or, in emergency cases, through the International Criminal Police Organization (Interpol) a transit authorization request containing the identification data of the person being transported, information about his nationality and a summary of the facts of the crime committed. The request for transit authorization is accompanied by a copy of the document confirming the person's extradition. 3. The requested Party must detain the person being transported in its territory. 4. A transit permit is not required if the transit is carried out by air and landing on the territory of the transit State is not provided. In the event of an unplanned landing on the territory of the transit State, the transit State shall immediately notify the transit State thereof, and the transit State shall detain the person being transported for fifteen (15) days pending receipt of the transit request provided for in paragraph 2 of this article.

Article 19. Expenses

1. The requested Party shall bear the costs of the extradition procedure in its territory, unless otherwise agreed by the Parties. 2. Transportation and transit costs related to the transfer or reception of the extradited person, as well as the facilities specified in Article 17 of this Agreement, shall be borne by the Requesting Party.

Article 20. Notification of results

The requesting Party shall notify about the results of the judicial proceedings or about the enforcement of the court verdict that has entered into force against the extradited person, or information about the extradition of the extradited person to a third State.

Article 21. Relationship with other international treaties

This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which they are parties.

Article 22. Personal data protection

1. Without prejudice to paragraph 2 of this Article, personal data may be transferred by the Parties, and may also be processed by the Party to which such data was transferred, only if it is necessary and sufficient for the purposes of: (a) Criminal proceedings or the execution of court decisions for which extradition has been requested in accordance with this Treaty; (b) Other judicial or administrative proceedings directly related to the proceedings and court decisions referred to in subparagraph (a) of this paragraph; (c) Preventing an immediate and serious threat to public safety. 2. Such data, however, may be processed for any other purpose if prior consent is given either by the Party that sent the data or by the person who is the subject of such data. Consent must be given in accordance with the national legislation of the Party transferring personal data. 3. Any Party that transfers personal data as a result of the fulfillment of the provisions of this Agreement has the right to request the Party to which the data was transferred to provide information about the processing of such data. 4. Without prejudice to paragraph 6 of this article, personal data transferred in accordance with this Agreement must be processed and destroyed in accordance with the national legislation of the Party to which such data was transferred. Regardless of these restrictions, the received data must be destroyed as soon as it is no longer necessary for the purposes for which it was transmitted. 5. The personal data subject has the right, in accordance with the national legislation of the Parties: a) request information regarding the processing of his/her personal data by the competent authorities; b) request modification and addition, destruction or blocking of his/her personal data; c) to protect his/her rights if his/her request is not respected. 6. The Parties transferring personal or other data may establish additional conditions regarding the processing of the transferred data. If additional conditions are established in accordance with this paragraph, the Party to which the data was transferred must process the data in accordance with these conditions.

Article 23. Dispute resolution

Any dispute arising in the course of the application or interpretation of this Treaty shall be resolved through negotiations or diplomatic consultations between the Parties.

Article 24. Entry into force, amendment and termination of the Agreement

1. This Agreement shall be concluded for an indefinite period of time and shall enter into force on the thirtieth (30) day after the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force. 2. Amendments and additions may be made to this Agreement by mutual agreement of the Parties, which are formalized by separate protocols, which are its integral parts and enter into force in accordance with the procedure provided for in paragraph 1 of this Article. 3. Either Party has the right to terminate this Agreement at any time by sending a written notification to the other Party through diplomatic channels. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt of such notification. 4. In case of termination of this Agreement, its validity remains in force until the completion of the extradition measures initiated during its validity period.

In proof of which, the undersigned, being duly authorized thereto, have signed this Agreement.

DONE in Budapest on June 3, 2014, in two originals, each in the Kazakh, Hungarian and English languages, all texts being authentic and equally authentic. In case of disagreement in the interpretation of this Agreement, the English text shall prevail.

For the Republic of Kazakhstan

Behind Hungary

I confirm the authenticity of the text of the Extradition Treaty between the Republic of Kazakhstan and Hungary, signed in Budapest on June 3, 2014 in Kazakh, Hungarian and English with the text in Russian.

Kazakhstan Republicas Bas Prosecutor's office syn Halykaralyk yntymaktyk departement bastygyn mindetin atkarushy A. Nurbekov

President

Republic of Kazakhstan

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