On approval of the extradition treaty between the Republic of Kazakhstan and the people's Republic of China

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Constitutional Law of the Republic of Kazakhstan dated June 13, 1997 N 123

To approve the extradition treaty between the Republic of Kazakhstan and the people's Republic of China, signed on July 5, 1996 in Almaty.

President Of The Republic Of Kazakhstan

Extradition treaty between the Republic of Kazakhstan and the people's Republic of China

(Bulletin of international treaties of the Republic of Kazakhstan, 2000, No. 1, Article 12) (entered into force on February 10, 1999 - "Bulletin of diplomacy", Special Issue No. 2, September 2000, page 83)

The Republic of Kazakhstan and the people's Republic of China, hereinafter referred to as the "contracting parties", agreed on the following in order to strengthen cooperation in the fight against crime on the basis of respect for sovereignty, equal law and mutual benefit and between the two states:

Article 1 obligation of extradition

The Contracting Parties undertake, in accordance with the provisions of this agreement, to extradite to each other upon request persons located on their territories for bringing to criminal responsibility or for the execution of a sentence that has entered into legal force.

Article 2 crimes leading to extradition

1. "crimes leading to extradition" specified in this Agreement shall mean crimes for which, in accordance with the laws of both Contracting Parties, their commission provides for: 1) punishment in the form of imprisonment for a period of at least one year or other punishment more severe under the laws of the Republic of Kazakhstan; 2) imprisonment for a period of at least one year or a more severe punishment under the laws of the people's Republic of China. 2. If the person whose extradition is requested is imposed by the court of the requesting contracting party for any crime that leads to Extradition, Extradition for the execution of sentences takes place only when there are at least 6 months left before the expiration of the term of the prescribed punishment. 3.when resolving the issue of extradition and determining whether a case is a crime under the laws of both Contracting Parties or is not a crime, its legal assessment and terminological designation do not matter. 4. The request for extradition of a person applies to several individual cases in which criminal punishment is imposed on each in accordance with the laws of the two Contracting Parties, but some of which meet the conditions set out in parts 1 and 2 of this article, the contracting party, which is requested only when the said person is extradited for at least one of the crimes leading to extradition, may also authorize extradition in relation to recent crimes.

Article 3 circumstances preventing extradition

Extradition should not occur in one of the following cases: 1) the person to whom the extradition request is addressed is a citizen of the requested Contracting Party; 2) the requested Contracting Party grants the right of asylum to the person requested for extradition in accordance with the laws of its country; 3) the requested Contracting Party has full grounds to assume that the request for extradition of a person has been submitted for the purpose of inciting criminal prosecution or executing a punishment due to his race, religion, citizenship, political views, or if his status will be undermined during the trial for the above reasons; 4) the crime relating to the request for extradition is a war crime under the laws of the requesting Contracting Party; 5) failure to initiate criminal prosecution and execution in accordance with the laws of the requested Contracting Party at the time of receipt of the request for extradition, due to the expiration of the term of the claim or on other legal grounds; 6) if the competent institution of the requested Contracting Party issued a sentence that entered into legal force before receiving the request for extradition for the same crime, or if the conduct of the ic under the ic is terminated; 7) when the criminal ic is initiated only on the personal complaint of the victim, in accordance with the laws of one of the Contracting Parties.

Article 4 cases of possible refusal of extradition

In one of the following cases, a refusal of extradition occurs: 1) in accordance with the laws of the requested Contracting Party, when it has jurisdiction over the person requested for extradition or the crime related to the request for extradition. In this case, if the requested Contracting Party refuses extradition, it must initiate an ic against the person requested extradition; 2) in exceptional cases, taking into account the severity of the crime and the interests of the requesting Contracting Party, the requested Contracting Party considers that the extradition does not meet the moral principle due to the personal circumstances of the person requested for extradition; 3) when the requested contracting party pursues a crime for the same crime in relation to the person requested for extradition;;

Article 5 consequences of not keeping their citizens

If consent to extradition is not granted in accordance with paragraph 1 of Article 3 of this Agreement, then the requested Contracting Party, following the provisions of Articles 2 and 3 of this Agreement, shall, on the basis of the request of the Requesting Party, transfer the person to its competent authorities to initiate prosecution of a crime against him in accordance with the laws of the requested contracting party. For these purposes, the requesting Contracting Party is obliged to provide the requested Contracting Party with documents and evidence related to this case.

Article 6 The Order of relations

For the purposes of this Agreement, the contracting parties communicate with each other: from the Republic of Kazakhstan-through the Ministry of Justice and the prosecutor general's Office of the Republic of Kazakhstan; from the people's Republic of China - through the appointed bodies, in this case, the appointment of these bodies is notified through diplomatic channels. Communication is also carried out through diplomatic channels.

Article 7 languages

When executing this agreement, both Contracting Parties must use the official language of the other Contracting Party or its official language, including English or Russian translation.

Article 8 application for extradition and necessary documents

1. an application for extradition must be submitted in writing and contain: 1) the name of the requesting institution; 2) the surname and first name of the person in relation to the submitted application for extradition, information about his citizenship, place of residence or location and other information about his identity, as well as, if possible, a description of the appearance of this person, his photo and finger; 4) the text of the law of the requesting contracting party, based on the recognition of this act as a crime, and the text of the law providing for punishment for this crime; 5) the text of the law relating to the term of bringing the crime to justice and the execution of the punishment; 2. to carry out criminal prosecution against the person to whom extradition is required, a copy of the arrest warrant or a copy of the arrest resolution issued by the Competent Authority of the requesting contracting party, except for those provided for in Part 1 of this article. 3. The application for extradition for the execution of a sentence must also be attached, with the exception of those referred to in Part 1 of this article: 1) a copy of the sentence that has entered into legal Force; 2) A certificate of The served part of the sentence. 4.documents submitted by the requesting Contracting Party in accordance with the provisions of this agreement must be officially signed and certified by the seal of the competent authority sending it.

Article 9 additional information

If the requested Contracting Party considers the documents attached to the extradition application to be incomplete in accordance with the provisions of this Agreement, the specified Contracting Party may require the requesting contracting party to provide additional information within a period not exceeding 60 days. This period can be extended up to 15 days if there are good reasons to be notified in advance. If the requesting Contracting Party does not provide additional information within the specified period, then this is interpreted as its refusal of the application and the person is released from captivity. However, it does not prevent the said person from submitting an application for extradition again.

Article 10 arrest for extradition

When receiving an application for extradition, the requested Contracting Party immediately takes the necessary measures to arrest the person requested for extradition, except in cases where extradition is not allowed in accordance with the provisions of this Agreement.

Article 11 arrest before receiving the extradition request

1.in cases not subject to deferral, one of the Contracting Parties may request from the other contracting party to arrest the person required to be extradited before the contracting party receives an application for extradition specified in Article 8 of this Agreement. This application is submitted in writing, on the channels provided for in Article 6 of this Agreement, or on the main channels agreed by the contracting parties using any means of communication. 2. The application must contain the information specified in Paragraphs 1, 2 and 3, parts 2 and 3 of Part 1 of Article 8, and indicate that the extradition request will be sent immediately. 3.The requested Contracting Party must notify the requesting Contracting Party in due time of the results of consideration of the said application. 4.if, within 30 days from the date of receipt of the notice of arrest by the requesting Contracting Party, the requested Contracting Party does not receive the official application for extradition and the relevant documents referred to in Article 8, it is subject to release the arrested person. This period can be extended by him by 15 days on request, if there are full grounds. 5.if the requesting Contracting Party subsequently submits an application for extradition and the relevant documents provided for by Article 8 of this agreement, then the release of a person captured in accordance with Part 4 of this article does not prevent his extradition.

Article 12 transfer of the person to be extradited

1.the requested Contracting Party shall promptly notify the requesting Contracting Party of its decision regarding the extradition request. In case of satisfaction of the request for extradition, the requested and requesting Contracting Parties agree on the issues of transfer of the extradition person, including the date and place of transfer. In case of rejection of the extradition request, the requested contracting party shall inform the reason for such decision. 2. If the requesting Contracting Party does not accept the person to be extradited within 15 days after the established date of transfer, then this is considered as his refusal to apply for extradition. The requested contracting party shall immediately release the said person and refuse to accept the second application for extradition of the said person in connection with the same crime. 3. If one of the contracting parties cannot transfer or accept a person to be extradited within the established period for reasons that do not obey him, this Contracting Party shall notify the other contracting party in due time.The Contracting Parties shall inform about this in due time. The Contracting Parties shall re-agree on a new date of extradition within no more than 15 days from the established date of extradition, in which case the provision of Part 2 of this article shall apply.

Article 13 postponement of extradition and extradition for a certain time

1.if the person requested for extradition has been brought to criminal responsibility or is serving a sentence for another crime in the territory of the requested contracting party, then the requested Contracting Party may postpone extradition until the end of criminal prosecution, serving the sentence or early release, the requesting Contracting Party shall be notified. 2. If the postponement of extradition provided for in Part 1 of this article may lead to the expiration of the statute of limitations of criminal prosecution or complicate the investigation of the crime, then the person whose extradition is requested may be extradited by the requested Contracting Party for a certain period of time upon request. A person who has been detained for a certain time must be returned by the Requesting Party within the period agreed in advance by the Contracting Party.

Article 14 filing of extradition requests from several states

If an application for the extradition of one person is submitted on behalf of several states, including the other Contracting Party, one of the Contracting Parties has the right to independently determine to which of these states it is necessary to extradite this person.

Article 15 special provisions

1.in addition to a crime related to extradition requests, an extradition person may not be criminally punished or punished by the requesting Contracting Party for a crime committed prior to extradition and may not be transferred to a third state without the consent of the requested contracting party. 2. the consent of the requested Contracting Party is not required in the following cases: 1) when the detainee leaves the territory of the requesting Contracting Party and voluntarily returns to its territory; 2) within 15 days after the date of granting the extradition person the freedom to leave the territory of the requesting contracting party, he / she does not leave his / her territory. The time during which the detainee cannot leave the territory of the requesting Contracting Party in cases of disobedience to him is not included in this period.

Article 16 transfer of items related to the crime

1.at the request of the requested Contracting Party, the extradition person transfers to it items that were instruments of the crime committed, as well as items with a criminal trace or obtained by criminal means. These items must also be transferred in cases where extradition of a person cannot be carried out for other reasons related to his death, escape. 2.the contracting party requested for the purpose of considering other criminal cases in which the sentence has not been passed may postpone the transfer of the above-mentioned items until the end of the proceedings in the case. 3. The legal rights and interests of any third parties to the above-mentioned items remain in force. At the end of the proceedings on the case, the requesting Contracting Party must return these items to the requested contracting party as soon as possible for their transfer to the owners. In individual cases, these items can be returned to their owners even before the end of the proceedings in the case, as long as it does not cause harm for the investigation. If persons with rights to things are located on the territory of the requesting contracting party, this Contracting Party has the right to return them directly to these persons with the consent of the requesting Contracting Party.

Article 17 transit transportation

1.when a person is to be extradited to one of the Contracting Parties from a third state through the territory of the other contracting party, the interested contracting party requests permission from the other contracting party to transit the said person through its territory. 2.the provision of Part 1 of this article shall not apply if the contracting party uses air transport that is not planned to land on the territory of the other party. 3.the Contracting Parties may refuse transit transportation of persons who cannot be extradited under this Agreement.

Article 18 notification of results

The requesting Contracting Party shall notify the Requested Party in due time of the results of criminal prosecution and execution of the sentence against the detained person, as well as his extradition to the third state. At the request of the requested Contracting Party, he is given a copy of the final decision.

Article 19 costs associated with extradition

The costs associated with extradition are borne by the contracting party in whose territory the extradition was made. The loss caused by the transit transportation of an detainee by one of the contracting parties from a third State on the territory of the other contracting party shall be borne by the contracting party requesting transit.

Article 20 relation to other international treaties

This agreement does not affect the rights and obligations of the Contracting Parties to which they are relevant participants, arising from other international treaties.

Article 21 dispute resolution

Any disputes arising in connection with the interpretation and implementation of this Agreement shall be resolved through consultations and negotiations between the Contracting Party.

Article 22 amendments 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 of the Contracting Parties.

Article 23 Approval and entry into force

This agreement is subject to approval, and the exchange of certificates of approval will take place in Beijing. This agreement comes into force on the 30th day from the date of exchange of certificates of approval.

Article 24 termination

This Agreement shall cease to be valid after six months from the date of written notification by any of the contracting parties of its intention to terminate the treaty through diplomatic channels, in the absence of which it shall be valid for an unspecified period. Termination of this agreement should not prevent the completion of the extradition of persons whose extradition has begun before the termination of this Agreement.

Created in Almaty on July 5, 1996 in two copies, each in Kazakh, Chinese and Russian, and all texts are equally valid.  If there is a difference of opinion in the interpretation of the provisions of this treaty, the text in Russian is taken as a basis.

The Republic of Kazakhstan for the people's Republic of China