Extradition treaty between the Republic of Kazakhstan and the Republic of Italy (Astana, 22 January 2015)

EXTRADITION TREATY
between the Republic of Kazakhstan and the Republic of Italy

(Astana, on 22^nd of January 2015)

The Republic of Kazakhstan and the Republic of Italy hereinafter referred to as the «Parties»,

desiring to promote an effective judicial cooperation between the two Countries with the purpose of preventing crime on the basis of mutual respect for sovereignty, equality and mutual benefit,

considering that this purpose can be obtained by the conclusion of a bilateral treaty establishing a joint action in extradition matters,

have agreed as follows:

Article 1
Obligation to extradite

Each Party, in accordance with the provisions of this Treaty and upon request of the Requesting Party, undertakes to extradite to the other any person who is on its territory and is wanted by the Requesting Party for the purpose of carrying out a measure restricting personal liberty issued against them within criminal proceedings or executing a final custodial sentence.

Article 2
Extraditable offences

1. For the purposes of this Treaty, the offences leading to extradition are offences that, at the moment of sending the request, are punishable in accordance with the laws of both Parties, by a term of imprisonment of not less than one (1) year or by more serious punishment.

2. If the request for extradition relates to a person sought for a final sentence issued by the court of the Requesting Party, the person can be extradited only if the sentence imposed amounts, at the moment the request is submitted, to at least six months of imprisonment.

3. In determining whether, in accordance with paragraph 1 of this Article, an act constitutes an offence under the laws of both States, it shall not matter whether the laws in both States place the act within the same category of offences or describe the offence by the same term.

4. In respect of offences related to customs, taxes and foreign exchange, extradition shall not be refused only on the ground that the national law of the Requested Party does not envisage taxes and customs rules or provisions in the matter of currency regulation similar to the law of the Requesting Party.

5. Extradition shall also be granted if the offence for which it is requested was committed outside of the territory of the Requesting Party, provided that the laws of the Requested Party allow the prosecution of an offence of the same nature committed outside of its territory.

6. If the extradition request relates to two or more offences and each one of such offences is punishable under the laws of both Parties, provided that one of them fulfils the conditions provided for in paragraphs 1 and 2 of this Article, the Requested Party may grant extradition for all of those offences.

Article 3
Mandatory Grounds for Refusal

Extradition shall not be granted if: