On the signing of an agreement between the Republic of Kazakhstan and the Italian Republic on the extradition of Persons
Decree of the President of the Republic of Kazakhstan dated November 11, 2013 No. 686
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 Agreement between the Republic of Kazakhstan and the Italian Republic on the extradition of persons. 2. To authorize the Prosecutor General of the Republic of Kazakhstan, Daulbaev Askhat Kaizullayevich, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Italian Republic on the extradition of persons, authorizing amendments and additions that are not of a fundamental nature. 3. This Decree comes into effect from the date of signing.
President of the Republic of Kazakhstan N.Nazarbayev
APPROVED By Decree of the President of the Republic of Kazakhstan dated November 11, 2013 No. 686
Project
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 Sides in order to combat crime, based on 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, We have agreed on the following:
Article 1.Obligation to issue
Each Party undertakes, in accordance with the terms of this Agreement and at the request of the Requesting Party, to extradite any person located on its territory who is wanted by the Requesting Party for criminal prosecution and against whom a preventive measure related to isolation from society or the execution of a final court sentence related to imprisonment has been chosen.
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 heavier penalty is provided. 2. If the extradition request concerns the execution of the final sentence of the court of the Requesting Party, the 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 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 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 when a crime has been committed outside the territory of the Requesting Party, if the legislation of the Requested Party provides for punishment for a similar crime committed outside its territory. 6. If a 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 cannot be granted if: (a) The requested Party has reason to believe that the extradition request has been submitted for the purpose of accusing or punishing the wanted person on the basis of race, gender, religion, national and ethnic origin, social status or political beliefs; (b) the crime in respect of which extradition has been requested persons who are punished in the Requesting Party with the death penalty or in a manner prohibited by the legislation of the Requested Party. In these cases, the Requested Party, at the request of the Requesting Party, shall subject the person to criminal prosecution through its competent authorities in accordance with its legislation. To do this, the Requesting Party shall provide the Requested Party with documents, evidence, materials and other necessary information. 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 in the Requesting Party a person wanted for a crime has been or will 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 or degrading treatment; (e) At the time of receipt of the request for the extradition of the person, criminal prosecution under the law of the Requested Party 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) A final sentence has been imposed on the person whose extradition is requested in the Requested Party for the same crime; (g) the person in respect of whom an extradition request is received has been granted asylum by the Requested Party; (h) The requested Party considers that the extradition of the person may threaten its sovereignty, security, public order, or contradict the Constitution or fundamental principles of its legislation or other national interests; (i) The crime for which extradition is requested is political. 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 and their family members.; 2) terrorism, as well as other crimes that are not political in accordance with other international treaties to which the Parties are parties; j) the crime for which extradition is requested is military under the legislation of the Requested Party.
Article 4.Optional grounds for refusal
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 requested person 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 offence and the interests of the Requesting Party, considers that the extradition of the person concerned would be incompatible with considerations of humanity due to the age, state of health or other personal circumstances of the person concerned.
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, at the request of the Requesting Party, must transfer the case to its competent authorities in order to initiate criminal prosecution against this 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 and materials and any other 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 of the Requesting Party in accordance with its legislation. To do this, the Requesting Party must send the documentation specified in paragraph 2 of this Article. The requested Party shall inform the Requesting Party of the enforcement of such sentence.
Article 6. Central authorities of the Parties
1. For the purposes of this Agreement, the Parties shall interact with each other and transmit requests and documents directly through the central authorities designated for this purpose, as defined in paragraph 2 of this Article. 2. The central authorities are the Prosecutor General's Office for the Republic of Kazakhstan and the Ministry of Justice for the Italian Republic. 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 drawn up in writing and contain the following: a) the name of the requesting authority; b) first and last name, date of birth, gender, nationality, place of residence or residence, information about the identity document, and any other useful information that may facilitate the identification of the person or his location, and also, if available, special signs, 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, as well as its legal qualification; (d) The text of the provisions of the laws relating to the qualification of the crime, the conditions for initiating criminal prosecution, the determination of possible punishment, and the statute of limitations for criminal prosecution 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 documents listed in paragraph 1 of this article, the request for extradition of a person shall be accompanied by: (a) If the request concerns criminal prosecution, a copy of the arrest order of the Requesting Party.; (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 certified 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 Agreement, the Requested Party has the right to request additional information, which must be provided within forty-five (45) days from the date of receipt of the request. 2. If the person in respect of whom extradition is requested is under arrest and the requested additional information has not been received within the period specified in paragraph 1 of this article, the person may be released from custody. However, such an exemption should not prevent the Requesting Party from submitting 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 (2) 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
1. A person extradited in accordance with this Treaty may not be subjected to criminal prosecution, subjected to any other measure restricting personal freedom, convicted or detained for any other crime other than the one for which he was extradited, except in the following cases: a) the crime was committed after (b) The extradited person has 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 (45) 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 the event of a request for consent from the Requesting Party, the Requested Party may, in accordance with this Treaty, 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 such a case, the Requested Party may send a request to the Requesting Party for the transfer of documents and information specified in Article 7 of this Treaty.
Article 11.Extradition of a person to a third State
Without the consent of the Requested Party, the Requesting Party may not extradite the extradited person to a third State for crimes committed prior to his extradition, except in the cases provided for in subparagraphs (b) and (c). paragraph 1 of Article 10 of this Treaty. In order to make a decision on giving consent, 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 without providing 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 the request to take the person into custody. 4. If, after forty (40) days from the date of the person's extradition 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 (20) 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, in determining which State to extradite the person, shall take into account the following circumstances: a) whether the requests were made on the basis of existing treaties; b) the degree of severity crimes; (c) The time and place of the commission of the crime; (d) The nationality and permanent residence of the person requested; (e) the dates of the extradition requests; (f) The possibility of subsequent extradition of the person to a third State.
Article 14.Face transfer
1. If the Requested Party grants the request for the extradition of the person, the Parties shall immediately agree on the time, place and any other relevant issue related to the transfer of the requested 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 (40) 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. In the event that the extradited person flees to the territory of the Requested Party before the completion of criminal prosecution or the final execution of the 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, the Requesting Party has the right not to provide the documents provided for in Article 7 of this Agreement. 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 judicial proceedings are underway in the Requested Party against a wanted person or he 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 end of the trial or until the full execution of the sentence. In such a case, the Requested Party shall notify the Requesting Party accordingly. 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 in order to enable the Requesting Party to carry out 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 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. The application for consent of the 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 10 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 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 request for the extradition of a person is granted, they are transmitted to the Requesting Party, if possible, during the transfer of the person. 2. With the consent of the Requested Party, the facilities specified in paragraph 1 of this Article may also be transferred to the Requesting Party if it is impossible to extradite the person, even if an agreement on his extradition has been reached previously. 3. For the purpose of conducting other criminal proceedings, the requested Party has the right to postpone the transfer of the objects specified in paragraph 1 of this Article until the completion of such proceedings, or to temporarily transfer the said objects, provided that they are returned to the Requested Party after the end of the proceedings. 4. The transfer of seized property to the Requesting Party is 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 objects in proportion to the rights of these parties to such property after the completion of the court proceedings.
Article 18. Transit
1. If one of the Parties, cooperating with a third country, 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 Party to which the transit request has been received must, if it does not contradict its legislation, satisfy such request.
Article 19.Expenses
1. The requesting Party shall bear the costs associated with the transportation of the extradited person, except for expenses incurred exclusively 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 the request of the Requested Party, the Requesting Party shall immediately provide information 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 Agreement does not prevent the Parties from cooperating 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. Dispute settlement
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, duration and termination of the Agreement
1. This Treaty shall enter into force 30 days after the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force. 2. By agreement of the Parties, amendments may be made to this Agreement, which are its integral parts and are formalized in the form of additional protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this article. 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.
Committed in the city _________ "__" _________ 20__ in two copies, each in Kazakh, Italian and English, with all texts having the same validity.
In case of disagreement in the interpretation of this Agreement, its English text will prevail.
For the Republic of Kazakhstan For the Italian Republic
President
Republic of Kazakhstan
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