Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines

Feature Articles :

Fringe Medical
  Practices in Thailand

Analysis: Thailand’s
  Condominium Bubble

Neither Free nor Fair -
  Burma’s Sham Elections

US Immigration and
  Thai Sex Workers

Legal Rights of
  Transgenders and their
  Partners in Thailand

Renewable Energy
  in Thailand

The Erawan Shrine   Curse and the Red Shirt   Demonstrations

Marriage and Divorce
  in Thailand

Foreign Corrupt
  Practices Act and the
  Thailand Film Festival
Foreign Mafia in
Sex Laws in Thailand:
  Part 1


Article 12

1. The requested Party shall, in so far as its law permits and at the request of the requesting Party, seize and 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 discovered subsequently.

2. The property mentioned in paragraph ‘I of this Article shall be handed over even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed.
3. When the said property is liable to seizure or confiscation in the territory of the requested Party, the latter may, in connection with pending criminal proceedings,
temporarily retain it or hand it over on condition that it be returned.
4. Any rights which the requested Party or third Parties slay have acquired in the said property shall be preserved. Where these rights exist1 the property shall be returned without charge to the requested Party as soon as possible after the trial.

Article 13

The procedure with regard to extradition and provisional arrest of the person requested to be extradited shall be governed solely by the law of the requested Party.

Article 14

Expenses incurred in the territory of the requested Party by reason of extradition shall be borne by that Party.

Article 15

1. A request for extradition shall be in writing and sent in Thailand to the Minister of Interior, and in Indonesia to the Minister of Justice through the diplomatic channels.
2. The request shall he supported by

a) the original or an authenticated copy of the conviction and sentence immediately enforceable or of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid dot in the law of the requesting Party,
(b) a statement of the crime for which extradition is requested. The time and place of its commission, its legal description end a reference to the relevant legal provisions shall be set out as accurately as possible and
c) a copy of the relevant enactment and as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.

3. The documents to be used in extradition proceedings shall be drawn up in the English language.

Article 16

Any dispute between the two Parties arising out of the interpretation or implementation of this Treaty shall be settled peacefully by consultation or negotiation.

Article 17

This Treaty shall be ratified and shall enter into force on the date of exchange of the Instruments of Ratification.

Article 18

This Treaty may be terminated at any time by either Partygiving the other six months’ prior notice p1 its intention to do so.

The termination of this Treaty shall not prejudice any proceedings commenced prior to the date of such termination.

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Treaty.

Done in duplicate at Bangkok on the Twenty Ninth day of June, One Thousand Nine Hundred and Seventy Six in the Thai, Indonesian and English languages, all the texts being equally authentic. In case of divergence, the English text shall prevail.



Next Page [1]  [2] [3] [4]  [5] [6]  [7] [8]  [9]

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)