US-Thailand Extradition

Obligation to Extradite (Art. 1):

The two Parties undertake to extradite persons found in their territory. Those who are sought by the other State for prosecution, sentencing, or enforcement of punishment. This for extraditable offenses which includes crimes committed extraterritorially. This if analogous punishment exists under the Requested State’s law.

Extraditable Offenses (Art. 2):

Offenses are extraditable if punishable in both jurisdictions by more than one year of imprisonment. Likewise where there is greater penalty. These include attempts, conspiracies, aiding and abetting, and associated criminal conduct. This would be regardless of whether the offense is classified or defined identically in both States.

Political and Military Offenses (Art. 3):

Extradition shall not be granted for offenses deemed political or purely military in nature. The except is where such acts include violent crimes against Heads of State or their families.

Jurisdiction and Double Jeopardy (Arts. 4–5):

Extradition may be refused where the Requested State claims jurisdiction. Likewise where the individual has been previously acquitted or convicted of the same offense. Lastly any refusal is also possible if domestic proceedings are underway.

Political Crime Exception (Art. III):

Extradition is barred for political crimes. This would be unless it involves serious violent acts. These include murder or assassination attempts against foreign sovereigns or their family members.

Death Penalty Cases (Art. 6):

Where the offense is capital in nature. This under the laws of the Requesting State but not under the Requested State. Then extradition may be denied unless:

· The offense constitutes murder under the law of the Requested State; or
· Assurances are provided that the death penalty will be commuted.

Lapse of Time (Art. 7):

Extradition is barred. This where the action is time-barred under the laws of the Requesting State.

Nationality (Art. 8):

Neither Party is obliged to extradite its nationals. However, each may do so at its discretion. If extradition is denied on nationality grounds. Then the Requested State must consider prosecuting the individual domestically upon request and receipt of supporting evidence.

Extradition Procedure (Art. 9):

Requests must be submitted via diplomatic channels. This request must include all supporting documentation, including identification. Likewise a factual summary, legal basis, and applicable penalties. Additional evidentiary requirements differ for pre- and post-conviction cases.

Provisional Arrest (Art. 10):

Likewise urgent requests for provisional arrest may be made directly or via Interpol. This will depend on a formal extradition. Likewise it must follow within 60 days or the detainee may be released.

Decision and Surrender (Art. 11):

The Requested State must communicate its decision without delay. If extradition is granted0 then they must arrange surrender. Should the person not surrendered within the legal timeframe. They may be released and subsequent extradition may be denied.

Deferred Surrender (Art. 12):

Surrender may be postponed. This if the person sought is undergoing domestic proceedings or serving a sentence in the Requested State.

Transit of Extraditees (Art. 17):

Likewise transit through a third State requires prior notification and consent. This except where air transport involves no landing. Emergency landings trigger provisional detention for up to 96 hours.

Costs (Art. 18):

Lastly each State bears the costs incurred within its territory up to the point of surrender.

Conclusion:

This Treaty codifies reciprocal obligations for the extradition of fugitives. This of course is subject to legal safeguards. These would normally include the issues of dual criminality, political offense exceptions. Likewise nationality considerations, and procedural due process. It strengthens bilateral cooperation in criminal matters while balancing sovereignty and human rights concerns.

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