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  Part 1


Provisional Arrest

(1) In case of urgency, either Contracting Slate may request the provisional arrest of any accused or convicted person. The request for provisional arrest shall be made through the diplomatic channels or directly between the Ministry of Home Affairs in Bangladesh and the Ministry of Interior in Thailand, in which case the communication facilities of Interpol maybe used.
(2) The request shall contain: a description of the person sought; the location of that person, if known; a brief statement of the fads of the case including, if possible, the time and location of the offence; a statement of the existence of a warrant of arrest or a judgment of conviction against that person, as referred to in Article 8; 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 request.

Decision and Surrender

(I) The Requested State shall communicate without delay through the diplomatic channels to the Requesting State its decision on the request for extradition.
(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 Slates 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 Stale within the prescribed time that person may be set a liberty and the Requested State may subsequently refuse extradition for the same offence.

Deferred Surrender

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 offence, the Requested State may defer the surrender of the person sought until the conclusion of the proceedings against that person, or the hill execution of any punishment that may be or may have been imposed.

Requests for Extradition Made by Several States

If the Requested State receives requests from the other Contracting State and from one or more third States for the extradition of the same person, either for the same offence or for different offences, 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 offence was committed;
(b) in cases involving different offences, the State seeking the individual for the offence which is punishable by the most severe penalty in accordance with the law of the Requested State;
(c) in cases involving different offences 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 re-extradition between the Requesting States.

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 offence 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 Stale 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 flee to do so; or
(c) the Requested State has consented to detention, trial, or punishment of that person for an offence other than that for which extradition was granted, or to extradition to a third State. For this purpose, the Requested State may require the submission of any document or statement mentioned in Article 8, including any statement made by the extradited personwith respect to the offence concerned.

These stipulations shall not apply to offences 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 offence, 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 offence 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 by them, the Requested State may grant extradition without formal extradition proceedings.

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