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

Home / RLA / On the ratification of the Treaty between the Republic of Kazakhstan and Romania on the Extradition of Persons

The Law of the Republic of Kazakhstan dated June 22, 2015 No. 323-V SAM

To ratify The agreement between the Republic of Kazakhstan and Romania on the extradition of persons, concluded in Bucharest on November 14, 2014.

President of the Republic of Kazakhstan N. NAZARBAYEV

THE AGREEMENT between the Republic of Kazakhstan and Romania on the extradition of persons

The Republic of Kazakhstan and Romania, hereinafter referred to as the "Parties", wishing to promote effective cooperation on legal cooperation between the two States in order to combat crime, based on mutual respect for sovereignty and equality, taking into account that this goal can be achieved through the conclusion of a bilateral agreement establishing joint actions in matters of extradition, agreed on as follows:

Article 1. Obligation of extradition

Each Party undertakes, in accordance with the terms of this Agreement, to extradite to the other Party any person located on its territory who is wanted by the Requesting Party for the purpose of criminal prosecution, conviction or enforcement of an effective court sentence for extraditable offences.

Article 2. Extraditable offences

1. For the purposes of this Treaty, extraditable offences are those offences which, in accordance with the national legislation of both Parties, are criminally punishable 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 for the execution of a court sentence against him for any extraditable offence, extradition is possible only if the person has been sentenced to imprisonment for at least six (6) months or to a more severe punishment. 3. When defining a crime in accordance with paragraph 1 of this Article, it does not matter whether the laws of the Parties relate the act constituting this crime to a similar category of crimes or whether this crime is designated by the same or different terminology. 4. In respect of crimes related to violations of customs, tax and currency regulation legislation, extradition may not be refused on the grounds 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 national legislation of the Requesting Party. 5. If the crime was committed outside the territory of the Requesting Party, extradition is carried out if the national legislation of the Requested Party provides for punishment for crimes committed outside its territory under the same circumstances. Extradition may be carried out even if such conditions are not provided for by the national legislation of the Requested Party. 6. If the request for the extradition of a person relates to two or more crimes, each of which is punishable by the national laws of both Parties, but some of them do not contain the features provided for in paragraphs 1 and 2 of this Article, the Requested Party has the right to authorize the extradition of the person in respect of all crimes.

Article 3. Mandatory grounds for refusal

1. The extradition must be refused if: (a) The requested Party considers that the offence referred to in the request is political. Extradition is also refused if the Requested Party has reason to believe that the request for extradition for a common crime is related to the purpose of charging or punishing the wanted person on the basis of race, religion, nationality, gender, social status, ethnicity, political beliefs, or his attitude to such facts.; (b) Under the national legislation of the Requesting Party, the offence for which extradition has been requested is punishable by death, unless the Requesting Party provides the Requested Party with sufficient guarantees that the death penalty will not be imposed on the person sought and, if imposed, will not be carried out.; (c) 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; (d) At the time of receipt of the request for the extradition of the person, criminal prosecution under the national legislation 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 reason in accordance with the national legislation of the Requested Party. When calculating the limitation periods, the Requested Party must take into account any circumstances related to the interruption or suspension of these periods in the territory of the Requesting Party.; (e) In respect of the person whose extradition is requested, a court verdict has been rendered in the territory of the Requested Party for the same act, which has entered into force, or a decision has been issued to refuse to institute criminal proceedings or to terminate proceedings; (f) The person against whom extradition has been requested has been granted asylum by the Requested Party.(g) The requested Party considers that the extradition of the person may prejudice the sovereignty, national security, public order or other interests of its State or is contrary to its Constitution.; (h) Extradition is requested for a military offence, which has no parallel in the ordinary criminal law of the Requested Party. 2. For the purposes of this Treaty, the following crimes will not be considered political: a) murder, abduction or other threat to a person or his freedom; b) threat, attempt or participation as an accomplice in the murder, abduction or other serious threat to the life, health or freedom of the head of State or Government or their family members; c) genocide Crimes committed during wartime, crimes against peace and humanity; (d) Any other act which the Parties have undertaken to treat as an extraditable offence on the basis of an international treaty. 3. If the Requested Party intends to refuse to extradite the person on the basis of subparagraph (d) In accordance with paragraph 1 of this Article, it must consult with the Requesting 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) If the offence for which extradition is requested falls under the jurisdiction of the Requested Party in accordance with its law, and the wanted person is under investigation or will be prosecuted by the competent authorities of the Requested Party for the same offence for which extradition has been requested.; (b) If the Requested Party, taking into account the gravity of the crime and the interests of the Requesting Party, considers that the extradition of the person would be incompatible with considerations of humanity due to the age, state of health or other personal circumstances of the person sought. In these cases, instead of refusing to extradite a person, the Requested Party has the right to delay extradition until the reasons for believing that extradition will have grave consequences for the wanted person are eliminated. To do this, the Requested Party must consult with the Requesting Party before making a decision.; (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.

Article 5. Extradition of own citizens

1. Each Party has the right to refuse to extradite its own citizens. 2. In case of refusal to extradite its national, the Requested Party, at the request of the Requesting Party, must subject that person to criminal prosecution or enforce the sentence of the court of the Requesting Party that has entered into force 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 criminal case, the judicial acts that have taken place, evidence and any other documents and information at its disposal. 3. The Requested Party shall promptly inform the Requesting Party of the actions taken on such request and of the outcome of the proceedings in the case. 4. If, prior to the transfer of the extradited person, he acquired the nationality of the Requested Party, the Requested Party, at the request of the Requesting Party, must apply the provisions of paragraph 2 of this Article.

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: for the Republic of Kazakhstan – the Prosecutor General's Office of the Republic of Kazakhstan; for Romania – the Ministry of Justice of Romania. 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 of a person and necessary documents

1. An extradition request must be made in writing and contain the following: a) first and last name, date of birth, gender, nationality, details of the identity document and any other information that may contribute to the identification of the wanted person and his location, as well as, if available, identification data, photographs and fingerprints; b) information about the circumstances of the crime in connection with which he is sent request for the extradition of a person, indicating the date and place of its commission; (c) The text of the relevant law describing the offence for which extradition has been requested and imposing penalties for it; (d) The text of the relevant law relating to the limitation of time for criminal prosecution or execution of a sentence for a crime and information on its application to the offence specified in the request; (e) When the offence for which extradition is requested has been committed outside the territory of the Requesting Party, the text of the relevant law providing for the jurisdiction of the Requesting Party for such offences. 2. In addition to the requirements of paragraph 1 of this article, an extradition request must be accompanied by: a) a copy of the court's decision/arrest warrant certified by the judge or the central authority of the Requesting Party, if the request is related to criminal prosecution; b) if the request is related to the execution of the sentence, it shall be accompanied by a certified copy of the final judgment of the court, a certificate of the part of the sentence served and to be served, certified by the judge or the central authority of the Requesting Party. 3. In the case where the person was convicted in absentia, in addition to the requirements of subparagraph (b) paragraph 2 of this article, the request must contain information about the circumstances in which the person was absent during the trial, as well as supporting documents, if any.

Article 8. Additional information

1. If the information accompanying the extradition request provided by the Requesting Party 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. The requested additional information must be provided within sixty (60) days from the date of receipt of such request. 2. If the wanted person is under arrest and the requested additional information is not received within the time period specified in paragraph 1 of this article, the person may be released from custody. However, such release should not prevent the re-arrest and extradition of the wanted person if additional information becomes available in the future. 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 three (3) days.

Article 9. The admissibility of documents and translations

1. Documents stamped by the central authorities of the Parties must be acceptable in the procedure for the extradition of a wanted person without further certification, authentication and legalization. 2. The request for extradition of the wanted person and the necessary documents must be drawn up in the language of the Requesting Party and accompanied by a certified English translation.

Article 10. Decision

1. The requested Party shall take a decision on the extradition request in accordance with this Treaty and its national legislation, immediately notifying the Requesting Party of its decision. 2. If the Requested Party refuses to extradite the person, the reasons for the refusal shall be communicated to the Requesting Party. 3. In case of refusal of extradition on formal grounds, the Requesting Party has the right to send a new request for the extradition of the wanted person. When submitting a new extradition request, these formalities must be taken into account. 4. The requested Party has the right, upon request for preliminary arrest of the Requesting Party, to grant extradition if the wanted person consents to extradition to the competent authorities of the Requested Party.

Article 11. Special rule

1. A person extradited in accordance with this Treaty may not be detained, prosecuted or convicted by the Requesting Party, except for: (a) any offence for which extradition has taken place, or for an offence with a different name, but based on the same acts or omissions as the offence for which extradition was satisfied if such a crime entails extradition or for a less serious crime.; or (b) any crime committed prior to extradition and punishable under the law of the Requesting Party by a fine or imprisonment for a term not exceeding one year; or (c) any crime committed after extradition; or (d) any crime for which the consent of the competent authority of the Requested Party has been obtained to prosecute or convict the extradited person. For this purpose: (i) The requested Party may request the transmission of the documents referred to in Article 7 of this Treaty; (ii) the extradited person may be arrested by the competent authorities of the Requesting Party for a period not exceeding one hundred and eighty (180) days while the Requested Party is considering the request; and (iii) if the Requesting Party has not taken measures to arrest the extradited person, provide a copy of the court's decision/arrest warrant as provided in subparagraph (a) paragraph 2 of Article 7 of this Treaty is not required. In this case, the extradited person may be prosecuted, but the case is not referred to the court of the Requesting Party until the competent authorities of the Requested Party have given their consent. If the person has already been convicted in the Requesting Party, the sentence may not be carried out, except for a sentence conforming to the provisions of subparagraph (b). paragraph 1 of this article. 2. Without the consent of the Requested Party, a person extradited in accordance with this Treaty may not be re-extradited or transferred by the Requesting Party to a third State for any crime committed prior to his extradition. 3. Paragraphs 1 and 2 of this Article shall not prevent the detention, prosecution, conviction of the extradited person, or his re-extradition or transfer to a third State, if: (a) After extradition, the person has left the territory of the Requesting Party and then voluntarily returned back; or (b) the said person has not left the territory of the Requesting Party within forty-five (45) days from the date when he had the opportunity to do so freely.

Article 12. Arrest for the purpose of extradition

1. At the request of the Requesting Party, the wanted person may be arrested before receiving a request for his extradition. 2. The request for provisional arrest must be sent directly between the central authorities. The request for preliminary arrest must contain: a) a description of the person being sought; b) if known, the location of the person being sought; c) a brief description of the crime, the time and place of its commission; d) the applicable provisions of the criminal law; (e) A reference to the court's decision/warrant of arrest or to the court's verdict against the wanted person; and (f) guarantees that the request for extradition of the wanted person will be submitted within the time limits established by this Treaty. A request for a preliminary arrest may be submitted by the central authorities of the Parties directly using technical means of communication. The original request must be sent simultaneously by mail. 3. The requested Party is obliged to inform the Requesting Party immediately of the results of the examination of the request for provisional arrest. 4. If, after sixty (60) 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. The release of a person should not prevent re-arrest for the purpose of extradition if the Requested Party receives an extradition request later.

Article 13. Requests for extradition or transfer from several States

1. If the Requested Party receives an extradition request for the same person from one or more States, including the Requesting Party, for the same or for different crimes, the Requested Party shall determine at its discretion which State the person will be extradited to. 2. If Romania receives an extradition request from the Republic of Kazakhstan against the same person for the same or for different crimes, as well as a transfer request based on a European arrest warrant, its competent authorities determine which State the wanted person will be extradited to or, accordingly, transferred to. 3. When making a decision in accordance with paragraphs 1 and 2 of this Article, the Requested Party must take into account all relevant elements, including, but not limited to, the following: a) have the requests been sent on the basis of international treaties; (b) The place where each crime was committed; (c) the interests of the Requesting States; (d) the gravity of the crimes; (e) the nationality of the victim; (f) the place of residence of the person sought; (g) the possibility of subsequent extradition between the requesting States; and (h) the chronological order in which requests were received from the requesting States.

Article 14. Transfer of the extradited person

1. If the Requested Party grants the extradition request, the Parties shall immediately agree on the date, 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 time period for the transfer of an extradited person is forty (40) days from the date on which the Requesting Party received the decision on the extradition request. 3. If, during the period specified in paragraph 2 of this article, the Requesting Party does not accept the extradited person, the Requested Party shall immediately release that person and may reject a new extradition request against that person for the same offence, except in the case provided for in paragraph 4 of this article. 4. If circumstances beyond the control of the Parties prevent the transfer or receipt of the extradited person, the central authorities of the Parties must agree on a new date and other necessary conditions for the transfer. 5. If, after the transfer, the extradited person has absconded from criminal prosecution or evaded the execution of a court verdict and returned to the territory of the Requested Party, the Requested Party has the right to re-extradite him on the basis of a new extradition request. In this case, it is not necessary to provide the documents listed in Article 7 of this Treaty to the request for extradition. 6. The period of detention of a person for the purpose of extradition, including house arrest, is counted towards the total period of execution of the court's sentence imposed in the Requesting Party.

Article 15. Postponement of extradition or temporary extradition

1. If a wanted person is being prosecuted or is serving a sentence in the Requested Party for committing a crime other than the one for which extradition is requested, the Requested Party has the right, after making a decision to extradite the person, to delay his transfer until the end of the trial or until the full execution of the court verdict. In the event of such a delay, the Requested Party shall immediately notify the Requesting Party. 2. However, at the request of the Requesting Party, the Requested Party has the right to temporarily extradite the wanted person to the Requesting Party on mutually agreed terms between the central authorities. A person who has been temporarily extradited is detained during the period of his stay in the territory of the Requesting Party and is re-transferred to the Requested Party within the time period agreed by the central authorities. The time spent in custody of a person is counted in the total period of execution of a court sentence imposed in the Requested Party. 3. The transfer of an extradited person may also be delayed when, due to the health condition of the person, it may endanger his life or worsen his health condition. In this case, the Requested Party must provide the Requesting Party with a detailed medical report issued by its competent medical institution.

Article 16. Seizure and transfer of property

1. At the request of the Requesting Party, the Requested Party, in accordance with its national legislation, must seize, confiscate and transfer any property found on its territory that was obtained as a result of a crime or may serve as evidence. In this case, the property is transferred to the Requesting Party, if possible, during the transfer of the extradited person. 2. With the consent of the Requested Party, the property referred to in paragraph 1 of this Article may be transferred upon request to the Requesting Party, even if it is impossible to extradite the person. 3. For the purpose of conducting other criminal proceedings, the requested Party has the right to temporarily retain the property specified in paragraph 1 of this article or transfer it on the terms of return. 4. The transfer of seized or confiscated property to the Requesting Party shall be carried out without prejudice to the rights of the Requested Party or third parties. At the request of the Requested Party or a third party, the Requesting Party shall immediately and gratuitously return the received property, in proportion to the rights of these parties to such property, within one (1) month after the conclusion of the court proceedings, unless the Parties agree otherwise.

Article 17. Transit

1. Each Party, in accordance with its national legislation and without prejudice to its interests, has the right to allow transit through its territory of a person extradited to the other Party by a third State. 2. To do this, the Requesting Party shall send to the Requested Party, through the central authorities or, in particularly urgent cases, through Interpol, a transit request containing the personal data of the person being transported, information about his nationality and a summary of the circumstances of the case. The transit request is accompanied by a copy of the document confirming the person's extradition. 3. The requested Party must detain the person being transported within its territory. 4. A transit permit is not required if the transit is carried out by air and no landing is planned on the territory of the transit State. 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 up to fifteen (15) days, pending a request for transit authorization provided for in paragraph 2 of this article.

Article 18. Expenses and representation

1. The requested Party shall bear in its territory the costs associated with the arrest of a person for the purpose of extradition to the Requesting Party, the costs associated with the seizure and storage of property provided for in Article 16 of this Treaty, as well as the costs that may arise during the extradition process. 2. The Requesting Party shall bear the costs associated with the transportation of the extradited person and any property transferred by the Requested Party. 3. The Requested Party shall provide consultations, legal assistance and representation in its courts on its territory and represent the interests of the Requesting Party in any proceedings arising from the extradition procedure.

Article 19. Informing about the results

The requesting Party provides information on the criminal prosecution, judicial proceedings, or the enforcement of a court sentence imposed on the extradited person, or information on the re-extradition of the extradited person to a third State. In this regard, the central authority of the Requesting Party provides copies of the relevant decisions.

Article 20. Relationship with other international treaties

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties, and for Romania also arising from its membership in the European Union.

Article 21. Settlement of disputes

Any differences arising during the application or interpretation of this Agreement shall be resolved through consultations and negotiations between the central authorities of the Parties.

Article 22. Final provisions

1. This Agreement shall be concluded for an indefinite period and shall enter into force thirty (30) days 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. This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized by separate protocols, which are its integral parts, which enter into force in accordance with the procedure provided for in paragraph 1 of this Article. 3. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt, through diplomatic channels, by one of the Parties of a written notification by the other Party of its intention to terminate the Agreement. 4. In the event of termination of this Agreement, measures for the extradition of persons that were initiated during its validity period remain in force until they are fully implemented. 5. This Agreement also applies to crimes committed before its entry into force.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

DONE in Bucharest on November 14, 2014, in two copies, each in the Kazakh, Romanian and English languages, all texts being authentic. In case of disagreement in the interpretation of this Agreement, the English text shall prevail.

Behind The Republic of Kazakhstan

For Romania

The text of the Agreement in Romanian and English is attached.

I confirm the authenticity of the text of the Treaty between the Republic of Kazakhstan and Romania on Extradition of Persons, signed in Bucharest on November 14, 2014 in Kazakh, Romanian 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

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases