Extradition Procedures and Required Documents
(1) The request for extradition shall be made through the diplomatic
(2) The request for extradition shall be accompanied by:
(a) documents, statements, or other evidence which describe
the identity and probable location of the person sought;
(b) statement of the facts of the case, including, if possible,
the time and location of the crime;
(c) the provisions of the law describing the essential elements
and the designation of the offense for which extradition is requested;
(d) the provisions of the law describing the punishment for
the offense ; and
(e) the provisions of the law describing any time limit on the
prosecution or the execution of punishment for the offense.
(3) A request for extradition relating to a person who is sought for
prosecution also shall be accompanied by:
(a) copy of the warrant of arrest issued by a judge or other
competent authority of the Requesting State;
(b) such evidence as, according to the law of the Requested
State, would justify that person’s arrest and committal for trial, including
evidence establishing that the person sought is the person to whom the
warrant of arrest refers.
(4) When the request for extradition relates to a convicted person,
in addition to the items required by paragraph (2) of this Article, it shall be
(a) copy of the judgment of conviction by a copy of the
Requesting State ; and
(b) evidence providing that the person sought is the person to
whom the conviction refers.
If the person has been convicted but not sentenced, the request for
extradition shall also be accompanied by a statement to that effect. If the
convicted person has been sentenced, the request for extradition shall also
be accompanied by a copy of the sentence imposed and a statement
showing to what extent the sentence has been carried out.
(5) All documents submitted by the Requesting State shall be
translated into the language of the Requested State.
(6) Documents transmitted through the diplomatic channel shall be
admissible in extradition proceedings in the Requested State without further
authentication, or other legalization.
(1) In case of urgency, either Contracting Party may request the
provisional arrest of any accused or convicted person. Application for
provisional arrest shall be made through the diplomatic channel or directly
between the Department of Justice in the United States of America and the
Ministry of Interior in Thailand, in which case the communication facilities
of Interpol may be used.
(2) The application shall contain: a description of the person sought
; the location of that person, if know ; a brief statement of the facts of the
case including, if possible, the time and location of the offense ; a statement
of the existence of a warrant of arrest or a judgment of conviction against
that person, as referred to in Article 9; and a statement that a request for
extradition of the person sought will follow.
(3) The Requesting State shall be notified without delay of the
result of its application.
(4) Provisional arrest shall be terminated if, within a period of 60
days after the arrest of the person sought, the competent authority of the
Requested State has not received the formal request for extradition and the
supporting documents required by Article 9.
(5) The termination of provisional arrest pursuant to paragraph (4)
of this Article shall not prejudice the extradition of the person sought if the
extradition request and the supporting documents mentioned in Article 9 are
delivered at a later date.
Decision and Surrender
(1) The Requested State shall communicate without delay through
the diplomatic channel to the Requesting State its decision on the request
(2) The Requested State shall provide reasons for any partial or
complete rejection of the request for extradition.
(3) If the extradition has been granted, surrender of the person sought
shall take place within such time as may be prescribed by the laws of the
Requested State. The competent authorities of the Contracting Parties shall
agree on the time and place of the surrender of the person sought. If,
however, that person is not removed from the territory of the Requested
State within the prescribed time, that person may be set at liberty and the
Requested State may subsequently refuse extradition for the same offense.
If the extradition request is granted in the case of a person who is
being proceeded against or is serving a sentence in the territory of the
Requested State for a different offense, the Requested State may defer the
surrender of the person sought until the conclusion of the proceedings
against that person, or the full execution of any punishment that may be or
may have been imposed.