Page:United States Statutes at Large Volume 49 Part 2.djvu/1098

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3114 PAN AMERICAN CONVENTION-EXTRADITION. DEC. 26, 1933. Jurisdiction of deĀ· manding State. That the act constiĀ· tutes a crime, etc. who may be in their territory and who are accused or under sentence. This right shall be claimed only under the following circumstances: a) That the demanding State have the jurisdiction to try and to punish the delinquency which is attributed to the indIvidual whom it desires to extradite. b) That the act for which extradition is sought constitutes 8 crime and is punishable under the laws of the demanding and surrendering States with a minimum penalty of im- prisonment for one year. ARTICLE 2 Discretionary, del!~- When the person whose extradition is sought is a citizen of the ~.Of country 5 Clll- country to which the requisition is addressed, his delivery mayor may not be made, as the legislation or circumstances of the case mny, in the judgment of the surrendering State, determine. If the accused is not surrendered, the latter State is obliged to bring action against him for the crime with which he is accused, if such crime meets the conditions established in sub-article (b) of the previous article. The sentence pronounced shall be communicated to the demanding State.l ARTICLE 3 Subjects not extra- Extradition will not be granted: ditable. Determination of ape plicability. Requisitions. a) When, previous to the arrest of the accused person, the penal action or sentence has expired according to the laws of the demanding or the surrendering State. b) When the accused has served his sentence in the country where the crime was committed or when he may have been pardoned or granted an amnesty. c) When the accused has been or is being tried by the State to which the requisition was directed for the act \"ith which he is charged and on which the petition of extradition is based. d) W~en the accused must appear before any extraordinary tri- bunal or court of the demanding State (tribunal 0 juzgado de excepci6n del Estado requiriente). Military courts will not be considered as such tribunals.2 e) When the offense is of a political nature or of a character related thereto. An attempt against the life or person of the Chief of State or members of his family, shall not be deemed to be a political offense. f) When the offense is purely military or directed against religion. ARTICLE 4 The determination of whether or not the exceptions referred to in the previous article are applicable shall belong exclusively to the State to which the request for extradition is addressed. ARTICLE 5 Information to company. A request for extradition should be formulated by the respective diplomafiic representative. When no such representative is available, consular agents may serve, or the governments may communicate directly with one another. The following documents in the language fICo of to which the request for extradition is directed, shall accompany every such request: 1 Art. 2 was not accepted by the United States of America. I Par. d of art. 3 was not accepted by the United of America.