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For The Government Of The Republic Of Latvia And The Government Of The United States Of The Treaty On Extradition

Original Language Title: Par Latvijas Republikas valdības un Amerikas Savienoto Valstu valdības līgumu par izdošanu

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The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the United States of America extradition treaty of article 1. 2005 December 7, Riga, signed by the Government of the Republic of Latvia and the Government of the United States of America agreement on extradition (hereinafter contract) with this law is adopted and approved. 2. article. The agreement shall enter into force for the period specified in article 21 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 3. article. The law shall enter into force on the day following its promulgation. With the law put for Latvian language in the contract. The Parliament adopted the law of 24 May 2007. The President of the Parliament instead of the President i. Emsis, Riga, 12 June 2007 by the Government of the Republic of Latvia and the Government of the United States of America agreement on extradition CONTAINS a article 1 the extradition article 2 a criminal offence for which the extradition was admissible nationality article 3 article 4 political and military offences article 5 article 6 of the previous conviction is capital punishment article 7 procedure and necessary documents article 8 the admissibility of documents article 9 translation article 10 article 11 temporary custody and transfer decision article 12 provisional and deferred transfer article 13 issuance or transfer by request of several countries article 14 withdrawal and transfer of the subject article 15 special provisions article 16 agreement to waive extradition proceedings in article 17 transit article 18 representation and expenses article 19 article 20 consultations of the Application article 21 ratification, entry into force and expiry of the Government of the Republic of Latvia and the Government of the United States of America (hereinafter referred to as the parties) With reference to the 1923 in Riga on 16 October signed the Treaty on extradition of criminals between Latvia and the United States and in Washington in 1934 10 October signed an additional agreement on the extradition of criminals between Latvia and the United States; Noting that the Government of the Republic of Latvia and the Government of the United States of currently applicable provisions of this agreement; Aware of the European Union and the United States Extradition Treaty, which was signed on June 25, 2003, in Washington, certain obligations; With due regard for human rights and the rule of law, conscious of their national legal systems which provide for guarantees the accused person the right to a fair trial, including the right to a hearing in an independent and impartial tribunal established by law, and expressed a desire to establish a more effective cooperation between the parties in combating crime and, to this end, to conclude a new Treaty on extradition; Have agreed as follows: article 1 the extradition in accordance with the provisions of this agreement, the parties agree to extradite individuals to each other, at the request of the applicant which public authorities are accusing or the guilty of the crime for which extradition is permissible. Article 2 a criminal offence for which extradition is permissible 1. A criminal offence for which extradition is permissible, is a criminal offence that is punishable under the laws of both countries, with imprisonment for a period of more than one year or by a more severe penalty. 2. If the request asked to issue the judgment of persons which is convicted of committing a criminal offence for which the extradition was admissible, penal time must be at least four months. 3. the criminal offence for which the extradition is admissible also attempt, participation or the participation of any referred to in paragraph 1 to the Commission of a criminal offence. 4. for the purposes of this article, an offence for which the extradition was admissible, shall be considered: (a) regardless of whether the request of the requesting or requested State laws place the offence within the same category or used in respect of a criminal offence by the same terminology; (b) regardless of whether the crime is such that it was by a United States federal law required to produce such evidence as interstate transportation or use of transnational mail or other opportunities related to foreign trade, because this evidence is only a reason to establish United States Federal Court jurisdiction; and (c) if they are criminal cases relating to taxes, customs duties, currency control, as well as on the importation or exportation of goods, whether or not the applicant or the laws of the requested State provide for the same kinds of taxes, customs duties or the same currency or the import or export of goods. 5. If a criminal offence has been committed outside the territory of the requesting State, extradition is permitted, subject to the other applicable requirements for extradition if the laws of the requested State provide for the punishment of an offence committed outside its territory in similar circumstances. If the laws of the requested State provide for the punishment of an offence committed outside its territory in similar circumstances, the Executive authority of the requested State shall, in its sole discretion, may grant extradition provided that all other conditions for extradition are fulfilled. 6. If extradition for a criminal offence for which extradition is permissible, the issue is also permissible of any other criminal offence specified in the request, even if the latter offence is punishable by imprisonment for one year or less, provided that all other conditions for extradition are fulfilled. Article 3 of the nationality of the person to be picked on the basis of nationality is not a refusal to carry out the extradition. The person who has requested the State citizen may apply for a permit through the fine imposed by the requesting State, the requested State. The requesting State shall take all measures necessary to comply with such a request under either side of the existing agreement on the transfer of sentenced persons. If the request is in accordance with the Treaty on the transfer of sentenced persons cannot be met, the Parties shall consult among themselves, in accordance with article 19 of this agreement. Article 4 political and military offences 1 Extradition is not permissible, if the criminal offence for which extradition is requested is a political crime. 2. for the purposes of this agreement, the following offences are not regarded as political criminal offences: (a) murder or other violence clouded by sais crime against one of the parties of Heads of State or the head of State's family; (b) an offence for which both parties are bound under international multilateral agreements to issue the person to be picked or submit the case to their competent authorities the adoption of the decision on prosecution; (c) murder, manslaughter without the intention, intentional serious already, or moderately severe bodily harm; (d) an offence involving kidnapping, unlawful deprivation of liberty or any other unlawful form of detention, including the taking of hostages; (e) explosive, flammable or destructive components that may endanger life or cause serious injury, or cause serious damage to property, placement or use; (f) attempt, participation or participation in, instigation of, aiding, advising the promotion, Confederate before or after any of the above offences. 3. Notwithstanding paragraph 2 of this article, the provisions of extradition is not permissible, if the enforcement authority of the requested State determines that the request is politically motivated. 4. the requested State may refuse extradition enforcement authority on criminal offences, punishable under military law, but that is not a criminal offence in the criminal law sense. 5. Article 1 of the previous conviction is not permissible if the Issue to be picked by the person convicted or acquitted in the requested State for an offence for which the extradition is requested. 2. the output is not affected by the fact that the competent authorities of the requested Member State have decided: (a) do not expose the person to criminal prosecution for committing a criminal offence for which extradition is requested; (b) stop start criminal proceedings against that person for the same activities; or (c) to carry out the investigation against that person for the same activities. Article 6 If the death penalty is a criminal offence for which extradition is requested, the death penalty can be imposed in accordance with the request of the requesting State the law and the death penalty cannot be applied in accordance with the laws of the requested State, the requested State party may be issued, provided that this person will not be sentenced to the death penalty, or if, pursuant to the procedural order requesting State such condition cannot be met, provided that if sentenced to the death penalty, then it will not be executed. If the requesting State accepts extradition in accordance with the provisions of this article, it shall comply with those conditions. If the requesting State does not agree with the conditions of the extradition request may be refused. Article 7 procedure and necessary documents 1. any extradition request is sent through diplomatic channels, including a transmission referred to in article 10. 2. all requests for content: (a) documents, or other information about the issuing of personal identity and possible location; (b) information about the criminal facts and procedural history of the case; (c) outline of the relevant provisions of the text that describes the criminal offence, the essential features of the composition of which is requested; (d) an outline of the relevant provisions of the text that defines the punishment for a criminal offence; (e) outline of the text of the provisions of the law describing any prosecution deadlines; and (f) the documents or other types 3 and 4 of this article, the information referred to in paragraph. 3. a request for the extradition of persons for criminal prosecution also contains: (a) the judge, the Court or other competent authority a copy of the decision on arrest; (b) a copy of the indictment; and (c) such information, which would give sufficient grounds for believing that that person has committed a criminal offence for which extradition is requested. 4. the extradition request in respect of a person who is convicted of a criminal offence for which extradition is requested, also contains: (a) a copy of the judgment of conviction or, if the copy is not available, report to the judicial authority that the person has been convicted; (b) information that indicates that the person is to be issued to a person whose guilt is established; (c) a copy of the penalty imposed, if the person is to be sentenced to a fine and served notice on the part of the fine; and (d) if the person is convicted in absentia, 3. the documents referred to in paragraph 1. 5. The requested State may ask the requesting State to provide additional information within the reasonable period of time if it considers that the information provided on the request for extradition is not sufficient to meet the requirements of this article. The United States Department of Justice and the General Prosecutor's Office of the Republic of Latvia may ask directly and provide additional information. 6. If the requesting State provides for the possibility to give particularly sensitive information in support of its request for extradition, it may consult the requested State to determine the extent to which the requested State's ability to protect information. If the requested State is unable to protect information in the manner required by the requesting State, the requesting State shall determine whether the information will still be provided. Article 8 the admissibility of documents documents approved by the requesting State of the Ministry of Justice or Ministry or Department responsible for Foreign Affairs, the certificate or seal shall be admissible in extradition proceedings in the requested State without further validation, authentication, or other legalisation. The Ministry of Justice for the Government of the Republic of Latvia, the Republic of Latvia within the meaning of the General Prosecutor's Office; and the American Government for the Union-the United States Department of Justice. Article 9 translation into All of the requesting State provided documents are translated into the language of the requested State. Article 10 temporary custody 1. in case of urgency, the requesting State may request that a person be issued temporary custody until the extradition request was submitted. The request for provisional arrest may be transmitted through diplomatic channels or directly to the General Prosecutor's Office of the Republic of Latvia and the United States Department of Justice. Such a request can also be used for sending the international criminal police organisation (INTERPOL). 2. the request for provisional arrest shall contain: (a) a description of the person to be picked; (b) the person to be picked the location, if known; (c) a brief statement of the circumstances of the case that, if possible, include the time of the crime and the place; (d) a description of the violated law; (e) a statement that the person is to be issued against a decision on detention, recognition of a person guilty or a conviction; and (f) a statement that the documents supporting the extradition request will be sent within the time limit laid down in this agreement. 3. the requesting State shall immediately be informed of temporary custody and on the request of any of the reasons for the request. 4. If the requested authority does not receive the request for extradition under article 7 for 60 days after the day the person's provisional arrest pursuant to this agreement, a person may be released from temporary custody. The application of this article the request for extradition is considered received at the request of the Executive authority of the requested State shall, if it is specified in this paragraph, the date the request is received by the Embassy of the requested State in the requesting country. 5. the fact that a person is to be released from custody in accordance with paragraph 4 of this article shall not constitute an obstacle to that person's arrest and extradition for repeated, if the extradition request and supporting documents are received later. 11. Article 1 of the decision and transfer the requested State shall promptly inform the requesting State of its decision regarding the request for extradition. 2. If the request is refused in full or in part, the requested State shall provide an explanation of the reasons for the refusal. Upon request, the requested State shall provide appropriate judicial decision. 3. If extradition has been made, the requested and the requesting authorities shall agree on the transfer of the person to be a time and place. 4. If the requesting State does not take over the person to be picked from the territory of the requested State at the request of the law within the time specified, the person may be released from custody, and the requested State shall have the discretion to refuse extradition for the same criminal offence. Article 12 temporary and deferred surrender 1. If extradition is permitted for a person who is prosecuted or sentence of the requested State, that State may make the person concerned a temporary transfer to the requesting State for the purpose of prosecution. In this way, the person is transferred to an appropriate detention the applicant country, and at the conclusion of the proceedings against that person, shall be returned to the requested State, in accordance with the conditions agreed between the requesting and the requested State. Territory of the requesting State of the time spent in pre-trial detention until the start of the prosecution in this country may be deducted from the remaining in custody to the requested State. 2. The requested State may postpone the extradition proceedings against whom the prosecution is carried out or a sentence in this country. Suspension may extend to the prosecution of the person or to the completion of this person has suffered the penalty ordered. Article 13 the extradition or transfer, at the request of several countries after 1. If the requested State receives requests from the requesting State and from any other State or States for the extradition of the same person for the same offence or for different offences, the Executive authority of the requested State shall determine to which State, if any, it will surrender the person. 2. where the Republic of Latvia receives a request for extradition from the United States and transfer request according to the decision on the European arrest the same person for the same offence or for different offences, the Executive authority determines which State, if any, it will surrender the person. 3. Acting in accordance with paragraphs 1 and 2, the requested State shall take into account all relevant factors, including, but not limited to, the following: (a)) or requests were submitted under contract; (b)) the location where each made a criminal offence; (c) the applicant countries) the respective interests; (d) the seriousness of the criminal offence); (e) the nationality of the victim); (f) the possibility of subsequent extradition) applicant countries. and (g)) the chronological order of the requests were received from the requesting States. Article 14 withdrawal and transfer of property 1. insofar as the law permits, the requested State may remove and put the requesting State all articles, including documents and evidence related to criminal offences for which extradition is permissible. The items referred to in this article shall, on request, in accordance with the applicable between the parties to the Treaty on mutual legal assistance can be put even if the issue is not the person to be executed in the death, disappearance, or escape, which occurred before picking, grounds. 2. The requested State may impose the condition that the item will be placed, if the requesting State provides sufficient guarantees that the item will be returned to the requested State as soon as possible. The requested State may also defer the surrender of such articles, if they are needed as evidence in the requested State. 3. Rights of third parties in respect of such objects are properly respected, in accordance with the laws of the requested State. Article 15 special provisions 1. issued in accordance with this agreement, the parties will not arrest without trial and punishment in the requesting State except for: (a) an offence, for which it was issued, or otherwise qualified criminal offence based on the same facts as the criminal offence for which it was issued, ensuring that this criminal offence the extradition is permissible, or the offence is lighter included criminal offence; (b) any criminal offence that was committed after the person picking; or (c) any criminal offence for which request the Executive authority of the requested State shall agree with the person arrest, trial, or punishment. For the purposes of this paragraph: (i) the requested State may require the documents referred to in article 7; and (ii) the requesting State may arrest the person issued for 90 days or for a longer time with the consent of the requested State while it evaluates the request. 2. a person Extradited under this Treaty, the third country fails, fails or does not transfer to the International Tribunal on any issue before the commit a criminal offence, unless the requested State does not give its agreement. 3. the following article 1 and 2 do not affect the person's arrest, trial, punishment or extradition to a third country, if: (a) the person by picking leaves the territory of the requesting State and voluntarily returns to it; or (b) that person does not leave the territory of the requesting State within 10 days of its release. Article 16 the consent to waive extradition proceedings if the person agrees to be surrender to the requesting State, the requested State may, in accordance with its legal system, the principles and procedures laid down as quickly as possible to put a person without further procedural steps. The consent of the person to be issued may include agreement on the waiver of the right to special rules. Article 17 transit 1. any party may authorise the transit of persons through the territory of a third country which has passed to the other party. A request for transit shall be submitted through diplomatic channels or directly to the General Prosecutor's Office of the Republic of Latvia and the United States Department of Justice. Such a request, you can also use the international criminal police organisation (Interpol). The request shall contain a description of the transferring Party and a brief review of the facts of the case. Transferable during the transit of persons kept in detention. 2. A permit is not required when air transportation is used and no landing intended to transit the country. If it is not designed for landing, the country that has been the unexpected landing, may require a request for transit pursuant to paragraph 1, and it suspend a person until the request for transit is received and the transit is complete, unless the request is received within 96 hours since the unexpected landing. Article 18 representation and expenses 1. The requested State shall advise, assist, represent the Court and representative of the requesting State interests in any proceedings arising out of the extradition request. 2. The requesting State shall bear the costs relating to the picking document translations and personal transport. The requested State shall bear all other expenses incurred in connection with the extradition proceedings. 3. not one of the parties does not stipulate the nature of the financial claim against the other party arising out of the arrest, detention, interrogation or transfer of persons in accordance with this agreement. Article 19 of the General Prosecutor's Office of the Republic of Latvia, the consultation and the United States Justice Department can consult each other about individual cases and with a view to the effective application of this agreement. Article 20 application this Agreement shall apply to offences committed before as well as after it enters into force. Article 21 ratification, entry into force and termination 1. This Treaty is subject to ratification, instruments of ratification exchanged happens as quickly as possible. 2. This Treaty shall enter into force with the exchange of the instruments of ratification. 3. With the entry into force of this agreement, 1923 in Riga on 16 October signed an agreement on extradition of criminals between Latvia and the United States and in Washington in 1934 10 October signed an additional agreement on extradition of criminals between Latvia and the United States terminates the operation. However, the previous agreement shall apply to any extradition proceedings in which the issue is already filed in the Court of the requested State, at the time when this agreement came into force, except that this contract and article 16 2 shall apply to the following process and article 12 of this agreement, paragraph 1 and article 15 is applied to individuals who may be issued under the previous contract. 4. in the case of any extradition proceedings extradition request, which was received by the requested State, but it was not filed in this Court until the entry into force of the Treaty, the requesting State upon entry into force of this agreement you can edit or add to the request for extradition, as far as necessary, to be submitted to the Court of the requested State in accordance with this agreement. 5. Either party may terminate this Agreement at any time by giving the other party written notice through diplomatic channels, and this contract will be terminated six months after the date of receipt of such notification. Above, the undersigned, their respective Governments duly authorized representatives have signed this agreement. Be drawn up in two copies in Riga, 2005 December 7, Latvian and English languages, both texts being equally authentic.  

The Government of the Republic of Latvia: on behalf of the Government of the United States of America: the ĀBOLTIŅ of SOLVIT Catherine Todd Bailey, Minister of Justice of the United States Ambassador in Latvia