Convention Of April 30, 1926 Between The Republic Of San Marino And The French Republic Regarding Extradition

Original Language Title: Della Convenzione 30 Aprile 1926 Tra La Repubblica Di San Marino E La Repubblica Francese In Materia D'estradizione

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009844.html

No. 3. Law enforcement of the Convention April 30, 1926 between the Republic of San Marino and the French Republic regarding extradition. We the Captains Regent of the Most Serene Republic of San Marino availing ourselves of the faculties granted to us by the Great and General Council since its Returning models May 29, 1926; we decree, promulgate and send for publishing: Art. 1. Full and complete implementation is given to the Convention between the Serenissima Republic of San Marino and the French Republic signed in Paris April 30, 1926, which regulates the mutual extradition of criminals, whose ratifications were exchanged in Paris between the two Governments on April 5, 1929. Art. 2. it sends for all to observe and ensure compliance with this Act which enters into force immediately. Given at Our Residence, this day of 10 April 1929 (1628 dFR). THE CAPTAINS REGENT Jerome Gozi - Philip Mularoni THE SECRETARY OF STATE FOR INTERNAL AFFAIRS to Giuliano Gozi Extradition Convention between San Marino and France THE GOVERNMENT OF THE REPUBLIC OF SAN MARINO AND THE GOVERNMENT OF THE FRENCH REPUBLIC desiring to regulate by means of a convention l 'mutual extradition of criminals, have agreed in the stipulation that follows: Art. 1. each of the High Contracting Parties undertake to package delivery are mutually each other, in the circumstances and conditions laid down by this Convention, indicted or convicted individuals as authors or accomplices for one of the crimes or offenses specified in article 2 below, committed in the territory of one of the two Contracting States, who had taken refuge in the territory. However policies where the crime or offense giving rise to extradition has been committed outside the territory of the requesting Party, it may comply with the request if the law of the country required permits some for the same offenses committed outside its territory unless extradition is demanded for the same facts and can be obtained from the Government of the country where the acts were committed. Extradition between the two countries will always be subject to a transit authorization granted by the Italian Government. The term "territory" used in this Article means the metropolitan territory of France, that of the Colonies and Possessions one in which you exercise consular jurisdiction. Art. 2. The crimes and offenses for which extradition will be granted are as follows: 1st Murder; 2nd Patricide; 3rd Infanticide; 4th Poisoning; 5th Murder; 6th Abortion; 7 ° rape; 8 ° Breach assault consummated or attempted with or without violence; 9 ° Breach of the exciting costumes, favoring or ease ndo habitually debauchery or corruption of minors of one sex or the other below the age of twenty-one years; 10th Rape of minors; 11th Exhibition of infants; 12th Bigamy; 13 ° Beatings and voluntary wounds which caused or death or an illness or inability to staff working during more 'than 20 days, or are followed by mutilation, amputation or deprivation of the use of a member, blindness, loss of a eye or other permanent infirmity; beatings and committed voluntary wounds with premeditation even though they have not caused a work incapacity of at least 20 days; 14th Castration; 15 ° Beatings and wounds to magistrates in the exercise of their functions; 16 ° Conspiracy; 17th Threats of attack against people or property with the order to deposit a sum of money or to comply with other conditions; 18 ° Extortion; 19th Kidnapping or illegal detention of prisoners; 20th Volunteer Fire; 21 ° Theft; 22 ° Fraud; 23 ° Abuse of trust, misappropriation, extortion; 23 ° bis. Corruption of public officials; 24 ° Counterfeiting of currency, introduction and fraudulent issuing of counterfeit currency, fraudulent falsification of paper money legal tender; Counterfeiting or falsification of public or effects of banknotes, public or private securities, issuance, entry into service or use of such effects, tickets or forged and falsified securities. Counterfeiting or falsification of acts of dalpotere sovereign. Counterfeiting or falsification of government seals and stamps and punches authorized by their respective Governments, even when the fabrication or falsification took place furi State claiming his extradition; 25 ° false public document, or authentic, or trade, or private act; 26 ° Use of several false; 27 ° False witness and false appraisals; 28 ° subornation of witnesses, experts and interpretatio of you; 29 ° Complaint libelous; 30 ° Bankruptcy fraudulent; 31 ° Destruction or damage, with guilty intent of a railroad or telegraph communications;
32 ° Any other alteration destruction or damage of property or real property; 33 ° Barataria; 34th Piracy and facts similar to piracy, unless the requested State is not responsible for the suppression and prefers not riservarsela; 35th Uprising of a crew of a ship; 36th stolen objects and receiving of evildoers; 37th Rebellion, when this offense is related to another offense under this Convention; In previous qualifications I am included attempts of all the facts as a crime punished by the law of the country that claims and those of the crimes of theft, fraud and extortion. In any case, extradition may not take place: a) For those sentenced in absentia or contradictorily pronounced that when the penalty is at least two months in captivity; b) For the accused that when the maximum sentence applicable to the fact under the laws of both countries, is at least two years of imprisonment. In all cases, extradition may not take place except when the fact which gives rise to the request for extradition, is also punishable under the law of the country to which the extradition request was addressed. Art. 3. The extradited person may not be prosecuted or tried in other infringement except for the one that motivated the extradition, except in the following cases: 1 ° If he has asked to be tried or to undergo his sentence, in which case his application will be communicated to the Government which surrendered him; 2 ° If he did not leave during the month following his final release, the country to which it was delivered; 3 ° If the offense is included in the Convention and if the Government to which was delivered has obtained prior membership of the Government which granted the extradition. The latter may, if it deems convenient, demand the Produzi any of the documents referred to is specified in Article 8. Extradition shall not be granted if the offense for which extradition is requested is considered by the requested as a political offense or an offense connected with such an offense. Art. 4. The extradition may not take place after fattiimputati, the last act of procedure or sentence, has gained the statute of limitations or punishment according to its internal law. Art. 5. In no event shall the obligation of extradition extends to domestic of the two countries. However, the two High Contracting Parties undertake to investigate and judge the conditions fixed by their law, national refugees within their territories who have committed an offense provided for in this Treaty on the other's territory. In the event of a request for extradition of the same person by two states for crimes or distinct crimes, the Government requested act by taking as a basis the seriousness of the alleged facts; and to equal severity preference will be given first to the Govern which owns the fugitive, and secondly to demand more 'old date. Art. 6. If the person claimed is prosecuted or convicted in the requested State, his extradition may be deferred until the procedures are abandoned or that he be released or acquitted, or that he has served his sentence. Art. 7. In the event that the person claimed to be prosecuted or detained due to obligations that he had contracted to private, his extradition will also rise but under reserve for individuals in question to assert their later rights before the competent authority. Art. 8. Applications for extradition shall be transmitted either through diplomatic channels or, failing that, by consular, either directly by the public R Government of San Marino by the Secretary of State for Foreign Affairs and by the Government of the French Republic, through the Minister of Foreign Affairs. Extradition shall not be granted until after the presentation of the documents here below designated: 1st A conviction or an act of decretante procedure, formally, or operating, as of right, the postponement of the accused before the repressive jurisdiction or an arrest warrant or any other act with the same force: 2 ° a precise account of the contested facts. The documents referred to in the two paragraphs above will be presented in their original or certified copy: 3rd Personal marks claimed individual or particular signs which may serve to establish his identity: 4 ° The text of the law or of criminal laws by apply to the criminal conduct. Art. 9. In urgent cases the accused's provisional arrest will be made on notice given by mail or by telegraph, of the existence of an arrest warrant p rche this notice is transmitted in accordance with the first paragraph of Article 8.
In all cases the alien will be bailed out if, in the 21 days after his arrest, he did not receive a copy of one of the documents mentioned in the second paragraph of Article 8 The arrest will take place according to the forms and rules prescribed by government legislation to which it is asked. Art. 10. The seized items that may serve as evidence, as well as any object that may come from crime or crime because of which extradition is claimed, will be delivered, according to the appreciation of the competent authority, Government to the applicant, even in the case where the extradition, after being granted, can not take place as a result of the death or disappearance of the further individual claimed. In such delivery they will be included as well all objects that the accused has hidden and deposited in the country and that they were discovered later. They are, however, reserved the rights that the objects listed in this Article, could boast third parties not involved in the proceedings. Art. 11. The stop expenses, maintenance and individual transport for which extradition was granted, as well as the cost of delivery and transport of objects, in accordance with the preceding article, must be returned or delivered, they will be borne by the two States, within the limits of their respective territories. Art. 12. And 'formally stipulated that extradition, by transit in their respective territories of the Contracting States, the individual delivered to the other Party shall be granted after simple presentation of one of the acts mentioned steps, as appropriate, Article 8, provided that uses extradition base is included in this agreement and are not contained in articles 3, last paragraph, 4 and 5. the transit costs will be borne by the requesting Party. Art. 13. when the inquisition of a criminal case on policy, either Government deems necessary the deposition of witnesses domiciled in the other State or any other act of judicial education, a letter of request will be sent to the provisions be made by means of the street indicated in Article 8 first paragraph, and it will be followed by observing the laws of the requested country. The letters rogatory issued by the competent foreign and tend to make work or a home visit or seizure, you can not be executed for the events mentioned in Article 2 and under the reservation expressed in the last paragraph of Article 10. The respective Governments waive any request having for its object the restitution of expenditure arising from the commission assistance files, unless it is skill which may require more 'fEE-PAID. Art. 14. In criminal matters, not political, when a notification of a procedural document or of a judgment to an individual resident in the territory of the country will be judged necessary by the Government of one of the Parties, the document transmitted by the way specified in Article 8, first paragraph, I will be personally notified, at the request of the Law Commissioner of the Republic of San Marino and the Public Prosecutor of the place of residence in France, for care of a competent officer and the original constatante the successful notification It will be returned by the same route to the applicant Government, without refund of expenses. Art. 15. when a criminal case is not political, istruta in either country, the production of evidence or documents are in the hands of the authorities of the other country, be it helpful, the relevant application will be made for the middle of the street specified in Article 8 first paragraph, and it will give you later unless there particular considerations oppose and under the obligation to return the documents. The Contracting Governments will waive any claim for expenses arising within their respective territories from the despatch and return of evidence and documents. Art. 16. The two Governments undertake to communicate to each other, without a refund of charges, convictions for crimes and offenses of any kind, he will be pronounced by the courts of one of the two States against nationals of the other. Such notification will be made by sending to ways shown the first paragraph of Article 8, of a bulletin or extract the Government of the country to which the offender belongs. Each of the two Governments will give this subject the necessary instructions to their authorities. Art. 17. The present Convention shall be ratified and the ratifications shall be exchanged as' soon as possible. It shall come into force 20 days after the exchange of ratifications. It will apply to crimes and offenses committed before its entry into force. Each of the High Contracting Parties will
denounce it when he wants. This denunciation shall not take effect, that six months after its notification. IN WITNESS WHEREOF the respective plenipotentiaries have signed this Convention and have opposed their seal. DONE in Paris, in duplicate, on April 30, 1926. (LS) (Signed) HENRY GARDA - French text by page. 6 to11 BU n. 2/1929 -