Chinese – Thai Extradition

1. Obligation to Extradite (Article 1)

Each Contracting Party is obliged to extradite persons located within its jurisdiction.Those who are sought by the other Party for prosecution, trial, or enforcement of a criminal sentence for an extraditable offense.

2. Extraditable Offenses (Article 2)

Note that offenses punishable by imprisonment/detention exceeding one year are considered extraditable.

• Likewise for convicted individuals. Then at least six months of the sentence must remain to be served.
• In addition, dual criminality is required. Note however, terminology and classification differences do not preclude extradition.
• Likewise ancillary offenses may be included under certain conditions.

3. Mandatory Refusal Grounds (Article 3)

Extradition shall be denied if:

• In the event that the offense is deemed political (except certain serious acts).
• Likewise where the request is believed to be based on discriminatory motives.
• Additionally the offense is purely military in nature.
• Lastly when the request is barred due to statutory limitations.
• Likewise where the individual has already been tried and acquitted or convicted for the same offense.

4. Discretionary Refusal Grounds (Article 4)

Extradition may be refused if:

• As an example that the Requested Party has jurisdiction and intends to prosecute.
• Likewise where humanitarian concerns exist.
• Lastly where the Requested Party is already prosecuting the same offense.

5. Extradition of Nationals (Article 5)

Where either Party may refuse extradition of its nationals.
Likewise where if refused, prosecution should be considered domestically upon request.
Lastly where, If the jurisdiction is lacking and no obligation arises.

6. Communication Channels (Article 6)

All extradition requests shall proceed through diplomatic channels unless otherwise agreed.

7. Request and Documentation Requirements (Article 7)

• Requests must be in writing and include:
• The identification, factual summary and the relevant legal provisions. Likewise the applicable penalties, and any limitation periods.
• Likewise where for the accused persons: arrest warrants and supporting evidence.
• Notice that for convicted persons: judgment, identification evidence as well as sentence status.
• Lastly where all documents must be signed/sealed and accompanied by a translation into English. This or the Requested Party’s language.

8. Additional Information (Article 8)

The Requested Party may request supplementary information. In that case then failure to provide it in time is deemed a withdrawal of the request.

9. Provisional Arrest (Article 9)

In urgent cases, provisional arrest can be requested. This will be pending a full extradition request, but must be followed by formal documentation within 60 days.

10. Surrender Procedure (Article 10)

Note that the requested Party shall notify decision promptly.
Likewise the extradition is implemented upon mutual consultation.
Lastly should the Requesting Party fails to collect the person within 15 days. Then the request is deemed withdrawn.

11. Postponed or Temporary Surrender (Article 11)

The surrender may be delayed if the person is under local prosecution or serving a sentence.
Likewise temporary surrender is permitted under mutually agreed conditions.
12. Competing Requests (Article 12)

Likewise the Requested Party determines priority if multiple States seek extradition of the same person.

13. Rule of Specialty (Article 13)

The extradited person. He/She may only be prosecuted for the offense which has been cited in the extradition unless:

• Where they voluntarily remain or return to the Requesting Party’s territory.
• Likewise where the Requested Party consents to additional charges or re-extradition.

14. Property Handover (Article 14)

Likewise upon request. The property tied to the offense (as evidence or proceeds) may be seized and transferred to the other state.

Where the rights of third parties and conditions of return are respected.

15. Transit (Article 15)

During transit through the other Party’s territory. This requires permission unless no landing occurs during air transit.

16. Notification of Outcome (Article 16)

The Requesting Party must now inform the Requested Party of case outcomes. This includes the prosecution, punishment, or re-extradition.

17. Legal Representation and Costs (Article 17)

Note that the Requested Party shall conduct related proceedings on behalf of the Requesting Party.
Firstly the costs incurred up to the moment of surrender are borne by the Requested Party.
This Chinese – Thai extradition treaty formalizes the legal cooperation on extradition between Thailand and China. This is done while balancing mutual enforcement of justice with protection of fundamental legal rights and sovereignty considerations.

Note: Always use a certified translation service in Bangkok for your translations.

The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.