Surrender of the Person to be Extradited
1. The requested Party shall inform the requesting Party through the diplomatic channels of its decision with regard to the request for extradition.
2. Reasons shall be given for any rejection.
3. If the request is agreed to1 the requesting Party shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender.
4. Subject to the provisions of paragraph S of this Article, if the person claimed has not been taken over on the appointed 4ate he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days and the requested Party may refuse to extradite him far the same crime.
5. If circumstances beyond its control prevent a Party from surrendering or taking over the person to be extradited, it shall notify the other Party. The two Parties shall agree on a new date for surrender and the provisions of paragraph 4 of this Article shall apply.
The requested Party may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against by that Party or, if he has been convicted, in order that he may serve his sentence in the territory of that Party for a crime other than that for which extradition is requested.
Handing over of Property
1. The requested Party shall, insofar as its law permits and at the request of the requesting Party, seize and hand over property:
(a) which nay be required as evidence, or
(b) which has been acquired as a result of the crimeand which, at the tine of the arrest, is found in the possession of the person claimed or discovered subsequently.
2. The property mentioned in paragraph 1 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 right which the requested Party or any other Stat, nay have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the requested Party as soon as possible after the trial.
Th. procedure with regard to extradition end provisional arrest of the person requested to be extradited shall be governed solely by the law of the requested Party.
Expenses incurred in the territory of the requested Party by reason of extradition shall be borne by that Party.
Request and Supporting Documents
1. A request’ for extradition shall be in writing and sent in Thailand to the Minister of Interior, and in the Philippines to the Minister of Justice, through the diplomatic channels.
2. The request shall be supported by:
(a) Th. 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 down in the law of the requestinq Petty.
(b) a statement of the crime for which extradition is requested. The time and place of its commission, its legal description and a reference to the relevant legal provisions shall be set out as accurately as possible; and
(c) a copy of the relevant enactment or, where this i5 not possible, a statement of the relevant law, 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 1English language.
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