1. Extradition shall not be granted if the crime in respect of which it is requested is regarded by the requested Party as a political crime.
2. If any question arises as to whether a case is a political crime, the decision of the requested Party shall be determinative.
3. The taking or attempted taking of the life of the Head of State or Acting Head of State or Head of Government of either of the Parties or a member of his family shall not be deemed to be a political crime for the purpose of this Treaty.
Extradition of Nationals
1. Each Party shall have the right to refuse extradition of its nationals.
2. If the requested Party does not extradite its nationals, that Party shall at the request of the requesting Party submit the case to the competent authorities of the former for prosecution. For this purpose the files, information and exhibits relating to the crime shall be surrendered by the requesting Party to the requested Party.
3. Notwithstanding paragraph 2 of this Article, the requested Party shall not be required to submit the case to its competent authorities for prosecution if the authorities have no jurisdiction.
Exceptions to Obligation to Extradite
Extradition shall not be granted in any of the following circumstances:
a) When the person whose surrender is sought has been tried and acquitted or has undergone his punishment in a third State for the crime for which his extradition is requested.
b) When the prosecution or the enforcement of the penalty for the crime has become barred by prescription or lapse of time under the law of the requesting Party.
c) When the crime constitutes an infraction against military law or regulations which is not a crime under ordinary criminal law.
Extradition shall not also be granted in any of the following:
a) When final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the crime or crimes for which extradition is requested.
b) When the person whose surrender is sought is being or has been proceeded against or has been tried and discharged or punished by the requested Party for the crime for which his extradition is requested.
Rule of Specialty
A person who has been extradited shall not be prosecuted, sentenced or detained for any crime committed prior to his surrender other than that for which he was extradited except in the following cases:
a) When the requested Party which surrendered hit consents. A request for consent shall be submitted to the requested Party, accompanied by the documents mentioned in Article XVI. consent shall be given when the crime for which it is requested is itself subject to extradition in accordance with the provisions of Article II of this Treaty, and
b) When the person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it.
1. In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. The competent authorities of the requested Party shell decide the matter in accordance with its law.
2. The request for provisional arrest shall state that the documents mentioned in Article XVI exist and that it is intended to send a request for extradition. It shell also state for what crime extradition will be requested and when and where, such crime was committed and shall so far as possible give a description of the person sought.
3. A request for provisional arrest shall be sent in Thailand to the Director-General of the Police Department, and in the Philippines to the National Bureau of Investigation, either through the diplomatic channels or direct by post or telegraph or through the International Criminal Police organization (INTERPOL).
4. The requesting Party shall be informed without delay of the result of its request.
5. Provisional arrest may be terminated if, within a period of 20 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article XVI.
6. Release from provisional arrest shall not prejudice rear rest and extradition if a request for extradition is received subsequently.
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