Introduction
 
Extradition
 
General Situation: At present, 20 countries which have concluded treaties of extradition with China are Bulgaria, Rumania, Russia, Ukraine, White Russia, Lithuania, Thailand, Korea, Mongolia, turkey, Kazakhstan, Kyrgyzstan, Uzbekistan, Laos, Philippine, Cambodia, United Arab Emirates, Peru, Tunis and South Africa.

 

Procedures of Foreign Countries Requesting Extradition from China:

 

When foreign Countries request extradition from China, they must be through diplomatic channels and hand in the written application. Received the request of extradition, for the persons requested to be extradited, Chinese judicial authorities will take the necessary compulsory measures prescribed in < Criminal Procedural Law of the People's Republic of China>, preventing the persons requested to be extradited from escaping; under emergencies, before foreign affiliated authorities formally request extradition from China, they can request through the ways in the following as written requests, such as diplomatic channels or International Police Association, or by mail , telegram and telegraph, asking to take temporary compulsory measures for the person requesting to be extradited . After the day on which the person requested to be extradited know the request of extradition, they have the right to delegating Chinese lawyers to raise opponent reasons of the request of extradition to the competent authorities within 15days.

 

As to foreign countries' requests of extradition of China, if Chinese competent authorities consent, they will inform the requesting country through diplomatic channels, then confer and make a agreement about the enforcement of extradition; if Chinese competent authorities refuse, they will inform the requesting country of the rejective reasons through diplomatic channels; when the our country receive the request, the person requested to be extradited are being sentenced or being imprisoned by Chinese judicial authorities but not for the reasons of the request of extradition, the decision of this request may be delayed temporarily before the finish of the process of the judicial procedure or the end of term of imprisonment, which will be informed to requesting country through diplomatic channels. Delayed temporarily extradition may make persons requested to be extradited escape without any punishment due to the requesting country's lost the limitation, so our country can decide to consent to a temporary extradition if it is considered feasible by the request of requesting country. After extradite temporarily, the requesting country should send the person back to China as soon as the criminal judicial process of the person requested to be extradited finishes in the requesting country, so that Chinese affiliated judicial authorities can continue to finish the criminal judicial process of the person requested to be extradited.

 

If extraditions among foreign countries necessarily come by the territory of our country, affiliated countries should quest to come by from China in advance, except the liner with the person requested to be extradited pass the airspace of our country but doesn't land in the territory of our country.

 
   

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Minisrty of Justice, the People's Republic of China
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