Common use of Prior Prosecution Clause in Contracts

Prior Prosecution. 1. Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State for the offense for which extradition [17] is requested. 2. If both Parties have jurisdiction over the acts for which extradition has been requested, extradition shall not be precluded by the fact that authorities in the Requested State have not instituted criminal proceedings against the person sought for those acts. In addition, extradition shall not be precluded by the fact that such criminal proceedings, although instituted, have been discontinued, provided that the laws of the Requested State regarding double jeopardy would permit the future reinstitution of such criminal proceedings.

Appears in 1 contract

Sources: Extradition Treaty

Prior Prosecution. 1. Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State for the offense for which extradition [17] is requested. 2. If both Parties have jurisdiction over the acts for which extradition has been requested, extradition shall not be precluded by the fact that authorities in the Requested State have not instituted criminal proceedings against the person sought for those acts. In addition, extradition shall not be precluded by the fact that such criminal proceedings, although instituted, have been discontinued, provided pro vided that the laws of the Requested State regarding double jeopardy would permit the future reinstitution of such criminal proceedings.. TIAS 12866

Appears in 1 contract

Sources: Extradition Treaty