Do China and Australia have extradition regulations?

Extradition Treaty between People's Republic of China (PRC) and Australia

People's Republic of China (PRC) and Australia (hereinafter referred to as both parties),

It is hoped that extradition treaties will be concluded on the basis of mutual respect for sovereignty, equality and mutual benefit, so as to promote effective cooperation between the two countries in combating crime.

Agree as follows:

Article 1 Obligation to extradite

One Contracting Party agrees to extradite to the other Contracting Party, at the request of the other Contracting Party, any person wanted in its territory in order to prosecute, sentence or execute a judgment for extraditable crimes in accordance with the provisions of this Treaty.

Article 2 Extradition offences

1. For the purposes of this Treaty, an extraditable offence means any offence punishable by imprisonment for one year or more or a heavier punishment according to the laws in force in both Contracting Parties at the time of the request.

2. If the extradition request involves a person who has been convicted of an extraditable crime and is wanted to serve a sentence, extradition shall be granted only if the sentence is at least six months.

Three, for this article, when deciding whether a crime violates the laws of both parties:

(a) regardless of whether the acts that constitute a crime belong to the same criminal category or use the same charges in the laws of both parties;

(2) The alleged acts of the person sought should be considered as a whole, regardless of whether the laws of the two sides describe the constitutive elements of the crime differently;

(3) When the crime involves taxation, customs duties, foreign exchange control or other fiscal and taxation matters, it shall not be considered that the laws of the requested party do not involve the same taxation, customs duties, foreign exchange control or fiscal and taxation matters.

4. If the request for extradition involves more than two crimes, the requested party may agree to extradite all the crimes provided that at least one of them is an extraditable crime as stipulated in the first paragraph of this article, without violating its domestic law.

5. When the crime occurs outside the requesting country, extradition shall be granted if the laws of the requested country stipulate penalties for crimes that occur outside its territory under similar circumstances.

Article 3 Reasons for refusing extradition

In any of the following circumstances, extradition shall be refused:

(1) The requested country considers the crime for which extradition is requested to be a political crime;

(2) The requested State has sufficient reasons to believe that the purpose of requesting extradition is to conduct criminal proceedings or execute criminal punishment on the basis of the race, sex, language, religion, nationality, political views or personal status of the person sought, or that the person's position in judicial proceedings may be damaged for any of the above reasons;

(3) The crime for which extradition is requested only constitutes a military crime;

(4) The person has been finally convicted, acquitted or pardoned for the crime for which extradition is requested, or has been punished according to the laws of the requested country;

(5) According to the laws of both contracting parties, the person sought has been exempted from prosecution because the time limit has expired;

(6) According to the laws of the requesting country, the person sought may be sentenced to death for the crime for which extradition is requested, unless the requesting country promises not to impose the death penalty, or even if the death penalty is imposed, it will not be executed;

(7) The requested Party has sufficient reasons to believe that the person sought has been or may be subjected to torture or other cruel, inhuman or degrading treatment or punishment in the requesting Party.

(8) The requesting party makes an extradition request based on a default judgment, and there is no guarantee that a new trial will be conducted after extradition;

(9) The alleged act did not constitute a crime against the law of the requesting Party at the time of its occurrence.

Article 4 Reasons for refusing extradition

Extradition may be refused under any of the following circumstances:

(1) The requested country has jurisdiction over the crime for which extradition is requested according to its domestic law, and is conducting or preparing to conduct criminal proceedings against the person whose extradition is requested for this crime;

(2) The requested State decides not to prosecute the person for the crime for which extradition is requested;

(3) Considering the seriousness of the crime and the interests of the Requesting Party, the Requested Party believes that extradition is not in line with humanitarian considerations in view of the age, health and other personal circumstances of the person sought;

(4) The person will be tried by a special court after being extradited to the requesting party;

(5) The crime for which extradition is requested is committed outside the territory of both parties, and the laws of the requested country have no jurisdiction over the crime committed outside its territory under similar circumstances.

Article 5 Extradition of nationals

1. Both parties have the right to refuse to extradite their nationals.

2. If the requested country refuses extradition on the grounds of nationality, the requested country shall, at the request of the requesting country, submit the case to the competent authorities for criminal proceedings in accordance with its domestic law. To this end, the requesting party shall provide the requested party with documents and evidence related to the case.

Article 6 Contact information

1. For the purpose of this Treaty, unless otherwise stipulated in this Treaty, both parties shall communicate through their respective designated institutions.

2. The designated authorities mentioned in the first paragraph of this Article refer to the Ministry of Foreign Affairs of People's Republic of China (PRC) and the Ministry of Justice of the Australian Government in Australia.

Article 7 Extradition requests and required documents

1. extradition requests should be made in writing through diplomatic channels. The extradition request and all supporting documents shall be authenticated in accordance with Article 8.

2. The request for extradition shall include or be accompanied by:

(a) The name of the requesting authority;

(2) The name, age, sex, nationality, identity documents, occupation, domicile or place of residence of the person sought, and other information that helps to determine the identity and possible location of the person sought; If possible, describe the person's appearance, photos and fingerprints;

(3) A description of the crime for which extradition is requested, and a description of the act that the person is accused of committing the above-mentioned crime;

(4) Legal provisions on establishing criminal jurisdiction, conviction and stipulating punishments that can be imposed on crimes;

(5) Legal provisions on the limitation of action or the time limit for executing judgments.

Three, in addition to the provisions of the second paragraph of this article,

(1) The extradition request for criminal proceedings against the person sought shall also be accompanied by a copy of the arrest warrant issued by the competent authority of the requesting country;

(2) The extradition request for executing the criminal punishment of the person sought shall also be accompanied by a copy of the court judgment that has entered into force and an explanation of the executed judgment;

(3) The extradition request for a convicted person who has not yet been sentenced shall also be accompanied by a copy of the court judgment that has entered into force and a statement on the preparation for sentencing.

4. The extradition request and its supporting documents shall be accompanied by the translation of the requested party.

5. The Requesting Party shall also provide three copies of the extradition request and supporting documents.

Article 8 Certification

For the purposes of this Treaty, the following documents are certified:

(1) A document signed or certified by a judicial officer or official of the requesting party;

(2) A document sealed by the competent authority or official of the requesting party.

Article 9 Supplementary materials

1. If the requested country considers that the materials provided to support the extradition request are insufficient to make it agree to extradition under this Treaty, the requested country may request to submit supplementary materials within 45 days or a shorter time agreed by both parties.

2. If the person sought has been arrested or his personal freedom has been restricted in other ways, and the supplementary materials submitted under this Treaty are still insufficient, or the supplementary materials have not been received within the specified time, the detention and other restrictions of the person may be lifted. However, such release shall not prevent the requesting country from making a new extradition request.

3. If the person is released according to the second paragraph of this article, the requested Party shall notify the requesting Party as soon as possible.

Article 10 Extradition and detention

1. In case of emergency, the requesting country may request extradition and detain the person sought before making an extradition request. The above request can be made in writing through the channels specified in Article 6 of this Treaty, the International Criminal Police Organization or other channels agreed by both parties. Requests can be transmitted by any means, including electronic means, as long as written records can be generated and verified by the requested party.

2. The request for extradition and detention shall include the materials and documents listed in the second paragraph of Article 7, and the description of the documents listed in the third paragraph of this Article and the description that a formal extradition request will be made in the future have been prepared.

3. After receiving the above request, the Requested Party may take necessary measures to detain the person sought for extradition, and notify the Requesting Party of the processing result of the request in time.

4. If the requested party does not receive an extradition request with the documents listed in Article 7, the person detained according to the above request may be released after 45 days from the date of detention.

5. If a request for extradition is subsequently received, the release of that person in accordance with paragraph 4 of this article shall not prevent the initiation of extradition proceedings against that person.

Article 1 1 Extradition requests made by several countries

1. When two or more countries, including the requesting country, make extradition requests for the same person, the requested country shall decide which country will extradite the person and notify the requesting country of its decision.

2. In deciding to which country to extradite the person, the requested State shall take into account all relevant circumstances, in particular the following:

(1) If the request involves different crimes, the relative seriousness of the crimes concerned;

(2) The time and place of each crime;

(3) the date of each request;

(4) the nationality of the person;

(5) the person's habitual residence;

(6) The possibility of extraditing the person to a third country.

Article 12 Make a decision on the extradition request.

1. The requested party shall handle the extradition request in accordance with the procedures prescribed by its domestic law and notify the requesting party of its decision in time.

2. If the requested State refuses the extradition request in whole or in part, it shall inform the requesting State of the reasons for the refusal.

3. Before refusing extradition, the requested State shall consult with the requesting State when appropriate, so that the requesting State will have sufficient opportunity to express its views and submit materials related to its request.

Article 13 Transfer of extradited persons

1. If the requested party agrees to extradite, both parties shall reach an agreement on the time and place of handing over the person and other related matters. The requested Party shall hand over the person to the requesting Party at a convenient departure place within the territory of the requesting Party. The Requested Party shall inform the Requesting Party of the time when the extradited person was detained before surrender.

2. If the Requesting State fails to receive the extradited person within 15 days after the date of the agreed surrender of the person, the Requested State may immediately release the person and may refuse the requesting State's repeated request for the extradition of the person for the same crime, except as otherwise provided in paragraph 3 of this article.

3. If a Contracting Party is unable to hand over or pick up the extradited person for reasons beyond its control, it shall notify the other Contracting Party. Both parties shall reach an agreement again on matters related to the transfer of the person, and the provisions of the second paragraph of this article shall apply.

Article 14 Transfer of property

1. If the requesting country makes a request, the requested country shall, within the scope permitted by its domestic law, seize the proceeds of crime, tools of crime and other property that can be used as evidence found in its territory and hand them over to the requesting country with the consent of extradition.

Two, in the case of extradition, even if extradition cannot be carried out because of the death, disappearance or escape of the person sought, the property mentioned in the first paragraph of this article shall still be handed over.

Three, the transfer of the above property shall not damage the legitimate rights of the requested party or any third party to the property. If there is such a right, the requesting party shall, at the request of the requested party, return the transferred property to the requested party free of charge as soon as possible after the litigation is over.

4. In order to carry out other pending criminal proceedings, the requested party may suspend the transfer of the above-mentioned property until the end of the proceedings, or temporarily transfer the above-mentioned property on the condition that the requesting party returns the above-mentioned property.

Article 15 Suspension of extradition and provisional extradition

1. If the requested country is prosecuting or preparing to prosecute the person sought for a crime unrelated to the extradition request, or the person is serving a sentence in the requested country for the above-mentioned crime, the requested country may suspend the extradition of the person after making a decision to agree to extradition until the proceedings are completed or the sentence is served. The requested State shall notify the requesting State to suspend extradition.

2. If the suspension of extradition mentioned in the first paragraph of this article will seriously hinder the requesting State from prosecuting or investigating the crime for which extradition is requested, the requested State may temporarily extradite the person sought to the requesting State within the scope permitted by its own laws and on the condition of mutual consent. After the termination of the relevant procedures, the requesting party shall immediately return the person to the requested party.

3. If the requested State considers that the life of the person granted extradition will be seriously endangered if he is sent from the requested State to the requesting State because of his serious illness, the extradition of the person may be postponed until the requested State considers that the danger has been completely alleviated. The requested State shall notify the requesting State to suspend extradition.

Article 16 Specific rules

1. Without prejudice to paragraph 2 of this article, a person extradited under this Treaty shall not be detained, prosecuted or executed in the territory of the requesting State for crimes committed before extradition, except for the following crimes:

(1) the crime of agreeing to extradition;

(2) Other extraditable crimes with the same facts as the crime for which extradition is granted and which can be sentenced with the same or lighter punishment;

(3) Any other extraditable offence agreed by the requested Party. The request for the consent of the requested party shall be accompanied by the documents requested by the requested party as mentioned in Article 7, and the statement of the extradited person about the crime.

Two, the first paragraph of this article does not apply to the following circumstances:

(1) The person has not left the territory of the requesting party within 30 days when he is free to leave, but the time when the person fails to leave the territory of the requesting party due to reasons beyond his control shall not be counted;

(2) The person voluntarily returns to the territory of the requesting Party after leaving.

Article 17 Extradition to a third country

1. If the requested country has extradited a person to the requesting country, the requesting country shall not extradite the person to a third country for the crime committed before extradition, except in the following cases:

(1) The requested party agrees to extradite;

(2) The person has not left the territory of the Requesting Party within 30 days when he is free to leave, but the time when the person fails to leave the territory of the Requesting Party due to reasons beyond his control shall not be counted;

(3) The person voluntarily returns to the territory of the requesting Party after leaving.

2. The request for the consent of the requested party shall be accompanied by the documents requested by the requested party and the statement of the extradited person about the crime mentioned in Article 7.

Article 18 Transit

1. When extradition of a person from a third country needs to pass through the territory of the other party, one party shall request the latter to agree to transit. If air transport is used and there is no plan to land in the latter territory, consent is not required.

2. The requested country shall agree to the transit request made by the requesting country, but it shall not violate its basic interests or domestic laws.

3. According to the law of the requested Party, agreeing to the transit of the person may include agreeing to detain the person during the transit.

Article 19 notification

The requesting State shall promptly inform the requested State of the criminal proceedings against the extradited person, the execution of the penalty or the re-extradition of the person to a third country.

Article 20 Expenses

1. The requested State shall make all necessary arrangements for any proceedings arising from the extradition request and shall represent the interests of the requesting State.

2. The expenses incurred by the requested party in the extradition procedure shall be borne by the requested party. Transportation expenses and transit expenses related to the transfer and reception of the extradited person shall be borne by the requesting party.

Relationship between Article 2 1 and multilateral conventions

This Treaty shall not affect the rights and obligations of both parties under any multilateral convention.

Article 22 Settlement of disputes

1. At the request of either party, both parties shall hold timely consultations on the interpretation, application or implementation of this Treaty, regardless of general issues or specific circumstances.

2. Disputes arising from the interpretation, application or implementation of this Treaty shall be settled through diplomatic channels.

Article 23 Entry into force and termination

1. After completing all necessary procedures for the entry into force of this Treaty, one Party shall notify the other Party by diplomatic note. This treaty shall come into force on the thirtieth day from the date of the last note.

2. This Treaty shall apply to any request made after the entry into force of this Treaty, even if the crime occurred before the entry into force of this Treaty.

3. Either party may terminate this Treaty at any time by notifying the other party in writing through diplomatic channels. This treaty will expire on 180 days after the date of notification. The termination of this Treaty shall not affect the extradition procedures that have been started before the termination of this Treaty.

In witness whereof, the undersigned, duly authorized by their respective governments, have signed this Treaty.

This Treaty was signed in Sydney on September 6th, 2007, each in Chinese and English, both texts being equally authentic.

Representatives of People's Republic of China (PRC) and Australia

Yang Jiechi Philip ruddock