19 May 2009
TREATY ON EXTRADITION
THE KINGDOM OF THAILAND
THE REPUBLIC OF KOREA
The Kingdom of Thailand and the Republic of Korea (hereinafter referred to as “the Contracting Parties”),
Desiring to make more effective the countries in the prevention and suppression of crime the reciprocal extradition of offenders,
Have agreed as follows:
Obligation to Extradite
Each Contracting Party agrees to extradite to •the other, in accordance with the provisions of this Treaty, any persons who are wanted for prosecution, trial or for the imposition or execution of punishment in the territory of the Requesting Party for an extraditable offence.
1. For the purposes of this Treaty, extraditable offences are offences, however described, which are punishable under the laws of both Contracting Parties including the laws relating to taxation, customs duties, foreign exchange control or other revenue matter, by imprisonment or other deprivation of liberty for a maximum period of at least one year or by a more severe penalty.
2. Where the request for extradition relates to a person sentenced to deprivation of liberty by a court of the Requesting Party for any extraditable offence, extradition shall be granted only if a period of at least six (6) months in the sentence remains to be served.
3. For the purposes of this Article, in determining whether an offence is an offence against the laws of both Contracting Parties:
(a) it shall not matter whether the laws of the Contracting Parties place the conduct constituting the offence within the same category of offence or denominate the offence by the same terminology;
(b) the totality of the conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Contracting Parties, the constituent elements of the offence differ.
4. Where the offence has been committed outside the territory of the Requesting Party, extradition shall be granted where the law of the Requested Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested Party does not so provide, the Requested Party may, in its discretion, grant extradition.
5. Extradition may be granted pursuant to the provisions of this Treaty in respect of an offence provided that:
(a) it was an offence in the Requesting Party at the time of the conduct constituting the offence; and
(b) the conduct alleged would, if it had taken place in the territory of the Requested Party at the time of the making of the request for extradition, have constituted an offence against the law in force in the territory of the Requested Party.
6. If the request for extradition relates to a number of offences, each of which is punishable under the laws of both Parties, but some of which do not meet the other requirements of paragraphs 1 and 2, the Requested Party may grant extradition for such offences, provided that the person is to be extradited for at least one extraditable offence.
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