On the ratification of the Treaty between the Republic of Kazakhstan and the Italian Republic on the Extradition of Persons

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The Law of the Republic of Kazakhstan dated September 21, 2015 No. 348-V SAM

To ratify The agreement between the Republic of Kazakhstan and the Italian Republic on the extradition of persons concluded in Astana on January 22, 2015.

President of the Republic of Kazakhstan N. NAZARBAYEV

The agreement between the Republic of Kazakhstan and the Italian Republic on the extradition of persons

The Republic of Kazakhstan and the Italian Republic, hereinafter referred to as the "Parties", desiring to develop effective legal cooperation between the two countries in order to combat crime on the basis of mutual respect for sovereignty, equality and mutual benefit, bearing in mind that this goal can be achieved through the conclusion of a bilateral agreement establishing joint actions in matters of extradition, agreed about the following:

Article 1 Obligation of extradition

Each Party, in accordance with the provisions of this Treaty and at the request of the Requesting Party, undertakes to extradite any person located on its territory who is wanted by the Requesting Party for the purpose of applying a measure of restriction of liberty in the course of criminal prosecution or execution of a court sentence related to deprivation of liberty.

Article 2 Extraditable offences

1. For the purposes of this Treaty, extraditable offences are those offences which, at the time of the extradition request, are punishable under the laws of both Parties and for which a penalty of at least one (1) year's imprisonment or a more severe penalty is provided. 2. If the extradition request relates to a person who is wanted to enforce the final sentence of the court of the Requesting Party, that person may be extradited only if the term of the imposed custodial sentence at the time of receipt of the request is at least six (6) months. 3. When defining a crime in accordance with paragraph 1 of this article, it does not matter whether the legislation of both States 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 solely on the basis that the national legislation of the Requested Party does not provide for a tax and customs norm or a norm in the field of currency regulation similar to the legislation of the Requesting Party. 5. Extradition is also carried out if the crime for which it is requested was committed outside the territory of the Requesting Party, if the legislation of the Requested Party provides for criminal prosecution for a similar crime committed outside its territory. 6. If the request for the extradition of a person relates to two or more offences, each of which is punishable by the laws of both Parties and one of which meets the conditions provided for in paragraphs 1 and 2 of this Article, the Requested Party may grant the extradition of the person in respect of all offences.

Article 3 Mandatory grounds for refusal

The extradition of a person is not carried out if: (a) The requested Party has reason to believe that the extradition request has been submitted for the purpose of criminalizing or punishing the wanted person on the basis of race, gender, religion, national and ethnic origin, social status or political beliefs; (b) The crime for which extradition has been requested is punishable by death in the Requesting Party or in any way prohibited by the legislation of the Requested Party. In these cases, the Requested Party, upon the request of the Requesting Party, must transfer the case to its competent authorities in order to initiate criminal proceedings against the wanted person in accordance with its legislation. For this purpose, the Requesting Party shall provide the Requested Party with the evidence, documents, materials and other necessary information at its disposal. The requested Party shall inform the Requesting Party of the results of the criminal prosecution.; (c) The offence for which extradition has been requested has been committed outside the territory of the Requested Party, but is directed against the interests of the Requested Party; (d) The Requested Party has reason to believe that the person sought has been or will be punished in the Requesting Party or any other act or omission that does not ensure respect for fundamental human rights, including the right to protection from cruel, inhuman or degrading treatment; (e) At the time of receipt of the request, according to the legislation of the Requested Party, criminal prosecution cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for any other legitimate reason; (f) The competent authorities of the Requested Party have issued a final sentence against the wanted person for the crime for which extradition was requested; (g) the person in respect of which an extradition request is received, the Requested Party has granted asylum; (h) The requested Party considers that the extradition of a person could endanger its sovereignty, national security, public order or other State interests, and is contrary to the Constitution or the basic principles of its legislation; (i) The crime for which extradition is requested is considered by the Requested Party to be political or related to a similar category of crimes. At the same time, political crimes are not: 1) murder or other crimes against the life, health or freedom of the Head of State or Government or members of their families; 2) terrorism, as well as other crimes that are not political in accordance with any international treaty, convention or agreement to which the Parties are parties; j) the crime for which extradition of a person is requested is directly military under the legislation of the Requested Party.

Article 4 Optional grounds for refusal

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

Article 5 Extradition of own citizens

1. Each Party has the right to refuse to extradite its citizens. 2. In case of refusal of extradition, the Requested Party, at the request of the Requesting Party, must transfer the case to its competent authorities in order to initiate criminal proceedings against the wanted person in accordance with its 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 necessary evidence, documents, materials and any other useful information at its disposal. 3. The requested Party shall immediately inform the Requesting Party of the actions taken upon request and of the outcome of the proceedings in the case. 4. At the request of the Requesting Party, the Requested Party has the right to enforce the final sentence imposed by the authorities of the Requesting Party in accordance with its legislation. For this purpose, the Requesting Party must send the documentation specified in paragraph 2 of this Article. The requested Party shall inform the Requesting Party of the results of the execution of the sentence.

Article 6 Central authorities of the Parties

1. For the purposes of this Agreement, the Parties shall send requests for the extradition of persons and interact with each other directly through the central authorities specified in paragraph 2 of this Article. 2. The central authority for the Republic of Kazakhstan is the Prosecutor General's Office and the central authority for the Italian Republic is the Ministry of Justice. 3. In the event of a change by either Party to the said central authorities, the other Party shall be informed of such change in writing through diplomatic channels.

Article 7 Request for extradition of a person and necessary documents

1. A request for the extradition of a person shall be made in writing and contain the following: a) the name of the requesting authority; b) the first and last name, date of birth, gender, nationality, place of residence or residence of the wanted person, information about the relevant identity document and any other information that may facilitate the identification of the person or his location, as well as, if available, special signs, photographs and fingerprints; (c) A statement of the facts constituting the crime for which extradition has been requested, indicating the date and place of its commission, as well as its legal qualification; (d) The text of the relevant provisions of the laws, including provisions on the qualification of the crime, the conditions for initiating criminal prosecution, the definition of possible punishment, and the statute of limitations for criminal prosecution. a crime or conviction. If the crime for which extradition is requested was committed outside the territory of the Requesting Party, the text of the provisions of the law confirming the jurisdiction of that Party shall be provided. 2. In addition to the provisions of paragraph 1 of this article, the request for extradition of a person shall be accompanied by: a) if the request concerns the implementation of criminal prosecution, a certified copy of the court order of the Requesting Party on arrest; (b) If the request concerns the execution of a final sentence imposed by the judicial authorities of the Requesting Party, a certified copy of the sentence to be executed, as well as, if necessary, information on the detention of the person before his conviction. 3. The request for extradition and other related documents submitted by the Requesting Party in accordance with paragraphs 1 and 2 of this Article must be signed or stamped by its competent authorities and accompanied by an English translation.

Article 8 Additional information

1. If the information provided by the Requesting Party in support of the extradition request is insufficient for the Requested Party to make a decision in accordance with this Treaty, the Requested Party has the right to request additional information, which must be provided within forty-five days of receipt of the request. 2. If the requested additional information is not received within the period specified in paragraph 1 of this article, the person may be released from custody. However, the Requesting Party has the right to send a new request for the extradition of the same person for the same crime. 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 days.

Article 9 Making a decision on an extradition request

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

Article 10 Special rule

A person extradited in accordance with this Treaty may not be subjected to criminal prosecution, any other measure restricting personal freedom, punished or detained for a crime other than the one for which he was extradited, except in the following cases: (a) The offence was committed after his extradition; (b) The extradited person left the territory of the Requesting Party after extradition and returned voluntarily.; (c) The extradited person has not left the territory of the Requesting Party within forty-five days from the moment when he had the opportunity to do so. However, such a period does not include the time during which the above-mentioned person was unable to leave the territory of the Requesting Party for reasons beyond his control; d) if the Requested Party agrees to this. In this case, at the special request of the Requesting Party, the Requested Party has the right to agree to the prosecution of the extradited person or the final execution of a sentence against him for a crime other than the one for which he was extradited. In this case, the Requested Party has the right to request from the Requesting Party the transfer of documents and information specified in Article 7 of this Agreement.

Article 11 Extradition of a person to a third State

Without the consent of the Requested Party, the Requesting Party may not transfer to a third State a person extradited to it at the request of a third State for crimes committed prior to his extradition, except in the cases provided for in subparagraphs b and c) of paragraph 1 of Article 10 of this Treaty. In order to make a decision on this issue, the Requested Party has the right to request the provision of documents and information specified in Article 7 of this Treaty.

Article 12 Arrest for the purpose of extradition

1. In urgent cases, the Requesting Party has the right to request the arrest of the wanted person, followed by the provision of an extradition request. An arrest request must be submitted in writing through the central authorities specified in article 6 of this Treaty, through Interpol (International Criminal Police Organization) channels, or in any other way agreed upon by both Parties. 2. The request for arrest should contain a reference to the judicial decisions of the Requesting Party, on the basis of which extradition will be requested, indicating the obligation to provide an extradition request as soon as possible. 3. As soon as an arrest request is received, the Requested Party shall take the necessary measures to arrest the wanted person and immediately inform the Requesting Party of the results of the examination of its request. 4. If, after forty days from the date of the person's arrest, the central authority of the Requested Party has not received an extradition request, the arrested person shall be released from custody. At the request of the Requesting Party, the period of arrest may be extended for another twenty days. 5. The release of a person in accordance with paragraph 4 of this article does not prevent the possibility of continuing the extradition procedure if the Requested Party receives an extradition request later.

Article 13 Requests for the extradition of a person sent by several States

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 shall take into account the following circumstances when making a decision: (a) Whether the requests were sent on the basis of existing treaties; (b) the severity of the crimes; (c) the time and place of the crime; (d) The nationality and permanent residence of the person concerned; (e) The dates on which the extradition requests were submitted; (f) the possibility of subsequent extradition of the person to a third State.

Article 14 Transfer of a person

1. If the Requested Party grants the extradition request, the Parties shall immediately agree on the time, place and any other relevant issue related to the transfer of the wanted person. The requesting Party shall be informed of the length of the period during which the wanted person was held in custody for the purpose of extradition. 2. The period for the transfer of a wanted person is forty days from the date on which the Requesting Party was informed of the granting of the extradition request. 3. If, during the period specified in paragraph 2 of this Article, the Requesting Party has not accepted the person to be extradited, the Requested Party shall immediately release that person from custody and shall have the right to reject a new request from the Requesting Party for the extradition of the same person for the same crime, except in the case provided for in paragraph 4 of this Article. 4. If one of the Parties is unable to transfer or accept a person within the agreed time frame due to circumstances beyond its control, the relevant Party shall notify the other Party and they shall agree on a new transfer date. 5. If the extradited person flees to the territory of the Requested Party before completing criminal prosecution or serving a sentence in the Requesting Party, this person may be re-extradited upon a new extradition request sent by the Requesting Party for the same crime. In this case, it is not necessary for the Requesting Party to provide the documents provided for in Article 7 of this Treaty. 6. The time spent in custody for extradition purposes, including house arrest, is counted towards the total sentence imposed by the Requesting Party.

Article 15 Postponement of extradition or temporary extradition

1. If a wanted person is being prosecuted in the Requested Party or is serving a sentence for committing a crime other than the one for which extradition is requested, the Requested Party has the right, after making a decision on the extradition of the person, to delay his transfer until the completion of criminal prosecution or until the sentence is fully served. In such a case, the Requested Party shall notify the Requesting Party of such postponement. 2. Nevertheless, at the request of the Requesting Party, the Requested Party, in accordance with its legislation, has the right to temporarily extradite the wanted person to the Requesting Party in order to enable the ongoing criminal prosecution, agreeing on the terms and conditions of temporary extradition. A person who has been temporarily extradited is detained during the period of his stay in the territory of the Requesting Party and returned to the Requested Party within the agreed period. The time spent in custody is counted towards the term of the sentence that the person must serve in the Requested Party. 3. The extradition of a person may also be delayed when, due to a medical condition, the transfer of a wanted person may endanger his life or worsen his health condition. In these cases, the Requested Party shall provide the Requesting Party with a complete medical report issued by its competent health institution.

Article 16 Simplified extradition procedure

1. When the person whose extradition is requested consents to this, extradition may be carried out on the basis of an extradition request without the need to provide 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 before the competent authority of the Requested Party, which must inform the wanted person of the right to a standard extradition procedure, of the right to protection that can be provided in accordance with the special rule provided for in Article 10 of this Treaty, as well as that This 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 17 Transfer of items

1. At the request of the Requesting Party, the Requested Party, in accordance with its legislation, seizes objects and instruments of crime, as well as any other property found on its territory that may have evidentiary value. If the extradition request is granted, the Requested Party shall transfer these items to the Requesting Party. 2. With the consent of the Requested Party, the items referred to in paragraph 1 of this Article may be transferred even if it is impossible to transfer the person, even if an agreement on extradition has been previously reached. 3. For the purpose of conducting other criminal proceedings, the requested Party may postpone the transfer of the items referred to in paragraph 1 of this Article until the completion of such proceedings, or temporarily transfer them, provided that the Requesting Party returns them after the end of the proceedings. 4. The transfer of seized items to the Requesting Party is carried out without prejudice to any rights of the Requested Party or third parties to such items. Upon a written request from the Requested Party or a third party, the requesting Party returns the items immediately and free of charge, without prejudice to the rights of these parties to such items after the completion of the court proceedings.

Article 18 Transit

1. If one of the Parties, cooperating with a third State, transits extradited persons through the territory of the other Party, the former must send the latter a request for permission for such transits. 2. In the case of using air transport and when landing on the territory of the other Party is not planned, such a permit is not required. 3. The Requested Party shall satisfy the request of the Requesting Party for transit, if this does not contradict its legislation.

Article 19 Expenses

1. The requesting Party shall bear the costs associated with the transportation of the extradited person, except for the costs incurred in the territory of the Requested Party. 2. The costs associated with transit transportation shall be borne by the Party requesting transit.

Article 20 Informing about the results

Upon request of the Requested Party, the Requesting Party shall immediately provide information to the Requested Party on the judicial proceedings or on the final execution of the sentence imposed on the extradited person, or information on the extradition of this person to a third State.

Article 21 Relationship with other international treaties

This Treaty does not prevent the Parties from cooperating with each other on extradition issues in accordance with other international treaties to which they are parties.

Article 22 Confidentiality

The Parties undertake to maintain the confidentiality or secrecy of documentation and information received or transmitted to the other Party, when requested by the interested Party.

Article 23 Settlement of disputes

Any dispute related to the interpretation or application of this Treaty shall be resolved through consultations between the central authorities. If no agreement is reached, the dispute is resolved through consultations through diplomatic channels.

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

1. This Treaty shall enter into force 30 days after the date of receipt through diplomatic channels of the second of two written notifications on the completion by the Parties of the internal procedures necessary for its entry into force. 2. Changes may be made to this Agreement by written agreement of the Parties. Such amendments shall enter into force in accordance with the procedure provided for in paragraph 1 of this Article and are parts of this Agreement. 3. This Agreement is concluded for an indefinite period. Each Party has the right to terminate this Agreement at any time by notifying the other Party in writing through diplomatic channels. This Agreement shall terminate upon the expiration of one hundred and eighty days from the date of receipt of the relevant notification.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective States, have signed this Treaty.

Done in Astana on January 22, 2015, in two copies, each in the Kazakh, Italian and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text will prevail.

For the Republic of Kazakhstan For the Italian Republic

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Italian Republic on Extradition of Persons, signed in Astana on January 22, 2015 in Kazakh, Italian and English with the text in Russian.

Head of the Department of International Cooperation of the Prosecutor General's Office of the Republic of Kazakhstan S. Dospolov

President

Republic of Kazakhstan

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