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Specializing in both family and business legal assistance, Chaninat & Leeds is led by an American lawyer in Thailand.  They provide a variety of professional services regarding criminal law in Thailand, business law, intellectual property law and working with the US Interpol and Immigration law.


Requests for Extradition Made by Several States

(1) If the Requested State receives requests from the other Contracting Party and from one or more third states for the extradition of the same person, either for the same offense or for different offenses, it shall determine to which State it will extradite that person. In making its decision, it shall consider all relevant factors, including but not limited to:
(a) the State in which the offense was committed ;
(b) in cases involving different offenses, the State seeking the
individual for the offense which is punishable by the most severe penalty in accordance with the law of the Requested State;
(c) in cases involving different offenses that the Requested State considers of equal gravity, the order in which requests were received from the Requesting States;
(d) the nationality of the offender; and
(e) the possibility of reextradition between the Requesting States.
(2) In the case of a request from Thailand, the decision described in paragraph (1) of this Article shall be made by the Executive Authority in the United States of America. In the case of a request from the United States of America, the decision shall be made by the competent authority in Thailand.

Rule of Specialty

(1) A person extradited under this Treaty shall not be detained, tried, or punished in the territory of the requesting State for an offense other than that for which extradition has been granted, nor be extradited by that State to a third State, unless :
(a) that person has left the territory of the Requesting State after extradition and has voluntarily returned to it ;
(b) that person has not left the territory of the Requesting State within 45 days after being free to do so ; or
(c) the Requested State has consented to the detention, trial, or punishment of that person for an offense other than that for which extradition was granted, or to the extradition to a third State. For this purpose, the Requested State may require the submission of any document or statement mentioned in Article 9, including any statement made by the extradited person with respect to the offense concerned.

These stipulations shall not apply to offenses committed after extradition.

(2) If the charge for which the person was extradited is legally altered in the course of proceedings by virtue of a new statute, or the charging, pleading, or finding of a lesser offense, that person may be prosecuted or sentenced accordingly, provided the altered charge is:
(a) based on the same set of facts contained in the extradition request and its supporting documents ; and
(b) punishable by the same maximum penalty as, or a lesser maximum penalty than, the offense for which that person was extradited.

Simplified Procedure

If the person sought irrevocably agrees in writing to extradition after personally being advised by the competent authority of his right to formal extradition proceedings and the protection afforded them, the Requested State may grant extradition without formal extradition proceedings.

Handing over of Property

(1) The Requested State shall, insofar as its law permits and at the request of the Requesting State, seize and upon the granting of the extradition hand over property:
(a) which may be required as evidence; or
(b) which has been acquired as a result of the crime and which, at the time of the arrest, is found in the possession of the person claimed or is subsequently discovered.
(2) The property mentioned in paragraph (1) of this Article shall be handed over even if extradition, having been granted, cannot be carried out due to the death, disappearance, or escape of the person claimed.
(3) When the said property is liable to seizure or confiscation in the territory of the Requested State, the latter may, in connection with pending criminal proceedings, temporarily retain it or hand it over on condition that it be returned.
(4) Any right which the Requested State or any State or individual may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the Requested State at its request as soon as possible after the trial.

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