19 May 2009

TREATY
BETWEEN
THE KINGDOM OF THAILAND
AND
THE PEOPLE’S REPUBLIC OF CHINA
ON EXTRADITION

The Kingdom of Thailand and the People’s Republic of China (hereinafter referred to as “the Contracting Parties”);

Desirous of promoting, on the basis of mutual respect for sovereignty, equality and mutual benefit, the effective cooperation between the two countries in the suppression of crime by concluding a treaty on extradition

Have agreed as follows:

ARTICLE 1
Obligation to Extradite

The Contracting Parties undertake to extradite to each other, in accordance with the provisions of this Treaty, persons found in the territory of one of the Contracting Parties who are wanted for prosecution, trial or for the imposition or execution of punishment in the territory of the other Party for an extraditable offence.

ARTICLE 2
Extraditable Offences

1. For the purposes of this Treaty, extraditable offences are offences which are punishable under the laws of the Contracting Parties by the penalty of imprisonment or other form of detention for a period of more than one year or by any heavier penalty.
2. Where the request for extradition relates to a person sentenced to imprisonment or other form of detention by a court of the Requesting Party for any extraditable offence, extradition shall be granted only if a period of at least six 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 Parties, 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.
4. When extradition has been granted with respect to an extraditable offence, it may also be granted in respect of any other offence specified in the extradition request that meets all other requirements for extradition except for periods of penalty or detention order set forth in paragraphs 1 and 2 of this Article.

ARTICLE 3
Grounds for Mandatory Refusal

Extradition shall not be granted under this Treaty in any of the following circumstances:
(1) the Requested Party considers the offence for which the request for extradition is made by the Requesting Party as a political offence. Reference to a political offence shall not include the taking or attempted taking of the life or an attack on the person of a Head of State or a Read of Government or a member of his or her family;
(2) the Requested Party has well—founded reasons to suppose that the request for extradition made by the Requesting Party aims to institute criminal proceedings against or execute punishment upon the person sought on account of race, religion, nationality or political opinion of that person, or that the position of the person sought in judicial proceedings will be prejudiced for any of the reasons mentioned above;
(3) the offence for which the request for extradition is made is exclusively an offence under military law of the Requesting Party and does not constitute an offence under criminal law of that Contracting Party;
(4) the prosecution or the execution or Punishment for the offence for which extradition has been sought has become barred by reason prescribed under the law of either Contracting Party including a law relating to lapse of time;
(5) the Requested Party has passed judgment upon the person sought in respect of the same offence, before the request for extradition is made.

ARTICLE 4
Grounds for Discretionary Refusal

Extradition may be refused under this Treaty in any of the following circumstances:
(1) the Requested Party in accordance with its law has jurisdiction over the offence for which the request for extradition is made and shall institute proceedings against the person sought;
(2) in exceptional cases, the Requested Party while also taking into account the seriousness of the offence and the interests of the Requesting Party deems that, because of the personal circumstances of the person sought, the extradition would be incompatible with humanitarian consideration;
(3) the Requested Party is in the process of proceeding against the person sought in respect of the sane offence.

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