Статья 21«Договор между Российской Федерацией и Королевством Таиланд о выдаче» [рус., англ.]
Актуально на 11.11.2026.
Как цитировать: Статья 21. "Договор между Российской Федерацией и Королевством Таиланд о выдаче" [рус., англ.]. https://bukva.ai/docs/dogovor-mezhdu-rossiyskoy-federatsiey-i-183/statya-21
1. Стороны уведомляют друг друга в письменной форме по дипломатическим каналам о выполнении внутригосударственных процедур, необходимых для вступления настоящего Договора в силу. Настоящий Договор вступает в силу через тридцать (30) дней после даты получения последнего уведомления.
2. Настоящий Договор прекращает свое действие по истечении ста восьмидесяти (180) дней со дня получения по дипломатическим каналам одной Стороной письменного уведомления другой Стороны о ее намерении прекратить действие настоящего Договора.
3. Прекращение действия настоящего Договора не должно препятствовать завершению исполнения запросов о выдаче, полученных до даты прекращения его действия.
В удостоверение сего нижеподписавшиеся представители, надлежащим образом уполномоченные в соответствии с законодательством своих государств, подписали настоящий Договор.
Совершено в г. Москве 23 октября 2024 года в двух экземплярах, каждый на русском, тайском и английском языках, причем все тексты имеют одинаковую силу.
В случае расхождения в толковании используется текст на английском языке.
The Russian Federation and the Kingdom of Thailand hereinafter referred to individually as the «Party» and collectively as the «Parties»,
Desiring to promote effective cooperation between the two countries in the prevention and suppression of crime by concluding a treaty on extradition;
The Parties undertake to extradite to each other, in accordance with the provisions of this Treaty, persons found in the territory of the Requested Party and wanted in the Requesting Party for prosecution, or for the imposition or execution of punishment for an extraditable offence.
This Treaty shall be applied to the requests for extradition, received after its entry into force, even if they relate to acts or omissions constituting an offence committed before such entry into force.
1. Each Party shall designate a Central Authority for the purposes of this Treaty. The Central Authorities of the Parties may cooperate directly on practical issues of implementation of this Treaty.
For the Russian Federation, the Central Authority shall be the Prosecutor General's Office of the Russian Federation;
For the Kingdom of Thailand, the Central Authority shall be the Attorney General.
2. If either Party changes its Central Authority, it shall without delay inform the other Party of such a change through diplomatic channels.
1. For the purposes of this Treaty, extraditable offences are offences which are punishable under the laws of both Parties by imprisonment or deprivation of liberty for a period of at least one year, or by a more severe penalty. When extradition requests are considered, it shall not matter whether the laws of the Parties place the acts or omissions constituting the offence under different categories of offence or denominate the offence by the different terminology.
2. Where a request for extradition relates to a person sentenced to imprisonment or deprivation of liberty by a court of the Requesting Party for any extraditable offence, extradition shall be granted only if a period of at least six (6) months in the sentence remains to be served.
3. If the request for extradition relates to a number of offences, each of which is punishable under the laws of both Parties, but some of related offences do not meet the requirement with respect to the period of imprisonment or deprivation of liberty or duration of punishment as described in this Article, the Requested Party may grant extradition for such offences provided that the person is to be extradited for at least one of the extraditable offences.
1. Extradition shall be refused if:
a) the offence for which extradition is requested is not in accordance with Article 4 of this Treaty;
b) the offence for which extradition is requested is considered by the Requested Party as an offence of political nature or character. In the application of this Treaty, the following acts shall not be considered as an offence of political nature or character:
i) murder or inflicting bodily harm on the person or against the liberty of the Head of State or Head of Government of the Requesting Party as well as their family members including attempts to commit such offences; and
ii) any acts or omissions which are punishable as a criminal offence according to the obligations under multilateral treaties to which both Parties are bound;
c) the Requested Party has substantial grounds for believing that a request for extradition has been made for the purpose of prosecuting or punishing a person on account of race, sex, religion, nationality, ethnic group, political opinion, or that that person's position may be prejudiced for any of those reasons;
d) if the offence for which extradition is requested is an offence under military law, which is not also an offence under ordinary criminal law;
e) in case any judicial proceeding has taken place in respect of the requested person and such person has been found not guilty or has been sentenced in the Requested Party for the same act, which is the ground for such request for extradition;
f) when the prosecution or the punishment for the offence for which extradition is requested would be barred by reasons prescribed under the law of either Party including a law relating to the lapse of time;
g) extraditable offence could be punished by death penalty under the law of the Requesting Party, while in respect of such offence the death penalty is not provided by the law of the Requested Party, except the cases when the Requesting Party provides sufficient, according to the Requested Party, guarantee that the death penalty shall not be carried out against the person requested for the extradition.
a) the offence for which extradition is requested is regarded under the law of the Requested Party, as having been committed in whole or in part in its territory provided it shall proceed against the person sought for that offence according to its laws;
b) the Requested Party considers that the extradition of the person could prejudice its sovereignty, security, public order or other essential interests;
c) the person requested for extradition, the investigation or trial are carried out in the Requested Party for the act, which was indicated in the request.
1. The present Treaty shall not impose on the Parties any obligations to extradite their own nationals.
2. If extradition is not granted pursuant to paragraph 1 of this Article, the Requested Party shall, at the request of the Requesting Party, submit the case to its competent authority for prosecution under the laws of the Requested Party. For this purpose, the Requesting Party shall submit documents and evidence relating to the case to the Requested Party.
3. Notwithstanding paragraph 2 of this Article, the Requested Party shall not be required to submit the case to its competent authority for prosecution if the Requested Party has no jurisdiction over the offence.
1. The request for extradition and required documents shall be submitted in writing in one original and three certified copies and transmitted by the Central Authority of one Party to the Central Authority of the other Party through diplomatic channels and contain the following documents and information:
b) full name of the person whose extradition is requested, information about his or her nationality, place of residence or probable location, the description of person's appearance accompanied by the photographs and if applicable fingerprints and other information allowing to find and identify the person;
c) a statement of the facts of the case, in respect of which the extradition is requested, with the most accurate possible indication of date, time and location of criminal act, the qualification of such act, and if possible the certified copies of procedural documents, which contain the evidence against that person;
d) certified copy of the text or the texts of legal provisions, according to which committed acts shall be qualified as offences, and which contain information about the punishment provided for their commission;
e) certified copy of the text of the legal provisions concerning the applicable statute of limitations.
A copy of the request for extradition may also be sent to the Central Authority of the Requested Party directly.
2. A request for extradition for prosecution apart from the document and information specified in paragraph 1 of this Article shall be accompanied by the certified copy of a warrant of arrest issued by the competent authority of the Requesting Party.
3. A request for extradition for the execution of the sentence apart from the documents and information specified in paragraph 1 of this Article shall be accompanied by the certified copy of an enforceable judgment and a statement showing to what extent the sentence has not been carried out.
4. If the extradition is requested for the execution of the sentence imposed in the absence of a person in the Requesting Party, the Requesting Party shall guarantee the right to judicial review in accordance with applicable law.
5. The request for extradition and documents submitted in support of that request under this Treaty shall be translated into the language of the Requested Party.
6. The request for extradition and documents submitted in support of that request, as well as their translations, certified by the official stamp of the Competent or Central Authority of the Requesting Party shall not require legalisation or authentication otherwise.
1. If the Requested Party considers that the information submitted in support of the request for extradition is not sufficient in accordance with this Treaty, that Party may request that additional information be submitted within reasonable time as specified under its law.
2. If the Requesting Party fails to submit additional information within that period, the Requested Party may return the extradition request and supporting documents to the Requesting Party or deny the request. However, the Requesting Party shall not be precluded from making a new request for the same purpose.
3. If the person whose extradition is sought was taken into custody and additional information submitted is insufficient or it is not received within the period prescribed by the Requested Party, that person shall be released. Such release shall not preclude the Requesting Party from making another request in respect of the same or any other offence.
Confidentiality and Limitations in Using Information
1. The Requested Party upon request of the Central Authority of the Requesting Party shall provide in accordance with its legislation and/or established practices for the confidentiality of the fact of the receipt of the request for extradition, its contents or any action taken pursuant to the request, excluding the cases when breach of confidentiality of the request is necessary of its execution. If the execution of the request makes it necessary to remove this limitation, the Requested Party shall in writing seek the permission of the Requesting Party, without which the request will not be executed.
2. The Requested Party shall not use information or evidence received under this Treaty for purposes other than those specified in the request for extradition without prior written permission of the Requesting Party.
1. In the case of urgency, the Requesting Party may apply to the Requested Party for the provisional arrest of the person sought pending the request for extradition. Such an application shall be made in writing, accompanied by a certified translation into the official language of the Requested Party, and transmitted to the Central Authority of the Requested Party through diplomatic channels. A copy of the application may be sent to the Central Authority of the Requested Party directly.
2. The application for provisional arrest shall be accompanied by:
a) a statement about the reasons for urgency prompting the application;
b) information of the person sought which would help to establish the person's identity, nationality and probable location;
c) a brief statement of the facts including the time and location of commission of the offence as well as brief description of the offence and the relevant provisions of laws including the punishment prescribed therefor and the statute of limitations as well as the term of the remaining sentence;
d) a copy of the warrant of arrest issued by a judge or other competent authorities of the Requesting Party or a summary of the sentence;
e) a statement that the request for extradition of the person sought will follow.
3. The Requested Party shall consider the application in accordance with its law and notify the Requesting Party without delay about the decision made.
4. The person arrested upon such application shall be released, if the Requested Party has not received the request for extradition accompanied by all the required documents as indicated in Article 7 within a period of sixty (60) days from the date of the arrest of the person sought. However, the release shall not prevent the extradition of the person sought if the request for extradition is subsequently received.
1. The Requested Party may grant extradition on an expedited basis, in accordance with its law, if the person sought explicitly consents before a competent authority or a court of the Requested Party.
2. The provisions of Articles 13 and 15 shall apply to a person surrendered pursuant to this Article.
1. If the Requested Party receives the requests for extradition of the same person from more than one State, either for the same offence or for different offences, it shall decide to which State it will extradite that person. In deciding to which State a person is to be extradited, the Requested Party shall have regard to all the relevant circumstances and, in particular, to:
b) the nationality of the person sought;
d) if the requests relate to different offences, the relative seriousness of those offences; and
e) the respective dates of the requests.
2. The Requested Party after exercising its discretion pursuant to paragraph 1 of the present Article shall inform the Requesting Party of its decision accordingly.
Decision on the Request for Extradition and Surrender
of the Person
1. The Requested Party shall notify without delay the Requesting Party through diplomatic channels of its decision on the request for extradition. Reasons shall be given for any complete or partial refusal to extradite.
2. The Requesting Party shall remove the person to be extradited from the territory of the Requested Party within the period specified by the Requested Party.
3. If circumstances beyond its control prevent a Party from surrendering or removing the person to be extradited, it shall notify the other Party. The Parties shall agree upon a new date of surrender in accordance with the law of the Requested Party.
4. If the person to be extradited is not removed within the agreed period specified in paragraphs 2 and 3 of this Article, such person shall be released.
5. If the Requesting Party fails to remove the person to be extradited within the period specified in paragraphs 2 and 3 of this Article, the subsequent request for extradition of such person for the same offence may be refused in accordance with the law of the Requested Party.
1. When the person sought is subjected to criminal proceedings or is serving a sentence in the Requested Party for an offence other than an offence constituted by the acts or omissions for which extradition is requested, the Requested Party may, to the extent permitted by its law, postpone surrender until the conclusion of the proceedings or the service of the whole or part of the sentence imposed. The Requested Party shall inform the Requesting Party of any postponement.
2. To the extent permitted by its law, where a person is being proceeded against or is serving a sentence in the Requested Party for an offence other than the offence for which extradition is requested and that person has been found extraditable, the Requested Party may temporarily surrender the person sought for the purpose of prosecution to the Requesting Party in accordance with conditions to be determined between the Parties. A person who is returned to the Requested Party following a temporary surrender may be finally surrendered to the Requesting Party to serve any sentence imposed, in accordance with the provisions of this Treaty.
1. The Requested Party shall, insofar as its law permits and at the request of the Requesting Party, seize and upon the granting of extradition hand over items found in possession of the person sought at the time of the arrest:
b) that has been acquired as a result of the crime.
2. Where the law of the Requested Party or the rights of third parties so require, any items so handed over shall be returned to the Requested Party at the expense of the Requesting Party if the Requested Party so requests.
3. The Requested Party may temporarily retain the seized items if it is needed for criminal investigation or prosecution. It may also hand over such items on the understanding that it shall be returned as soon as possible after the completion of the proceedings in the Requesting Party at the expense of the Requesting Party.
1. A person extradited under this Treaty shall not be detained, proceeded against, including tried, or subject to the enforcement of a sentence in the territory of the Requesting Party for any offence committed before his or her extradition other than:
b) an offence disclosed by the facts in respect of which his or her extradition was granted, provided such offence is one for which he or she could be extradited under this Treaty, and provided further that such offence is punishable by a penalty no more severe than the penalty for the offence for which he or she was extradited; or
c) any other extraditable offence in respect of which the Requested Party consents. A request for consent shall be accompanied by such of the documents mentioned in Article 7 as are sought by the Requested Party. The decision shall be taken no later than ninety (90) days, if possible, after receipt of the request for consent. Where the Requested Party is not able to comply with the period provided for in this paragraph, it shall inform the Requesting Party, providing the reason for the delay and the estimated time needed for decision to be taken.
2. Paragraph 1 of this Article does not apply if:
a) the person has had an opportunity to leave the territory of the Requesting Party and has not done so within forty-five (45) days of final discharge in respect of the offence for which the person was extradited; or
b) the person has voluntarily returned to the territory of the Requesting Party after leaving it.
1. When a person is to be extradited to a Party from a third State through the territory of the other Party, the Party shall request the other Party to permit the transit. No such authorisation is required where air transportation is used and no landing is scheduled on the territory of the other Party.
2. The other Party may grant a request for transit made by the Party, provided that it is not against its law.
1. The Requested Party shall bear the expenses of any proceedings in its territory arising out of the request for extradition and shall otherwise represent the interests of the Requesting Party.
2. Expenses incurred in the territory of the Requested Party relating to the extradition proceedings up to the moment of surrender of the person sought, including the arrest and detention of the person sought, shall be borne by the Requested Party.
3. The Requesting Party shall bear the expenses incurred in conveying the person from the territory of the Requested Party.
4. If it becomes apparent that extraordinary expenses may be incurred as a result of the request for extradition, the Parties shall consult with a view to deciding how these expenses will be met.
Any dispute arising from implementation or interpretation of this Treaty shall be settled amicably by consultation and negotiation between the Parties.
This Treaty may be amended upon request by either Party. Any amendment which has been agreed to by the Parties shall come into force on the date to be mutually agreed upon and shall form an integral part of this Treaty.
Entry into Force and Termination
1. The Parties shall notify each other in writing through diplomatic channels after their respective requirements for the entry into force of this Treaty have been complied with. This Treaty shall enter into force thirty (30) days from the date of the later notification.
2. This Treaty shall be terminated one hundred and eighty (180) days after receipt through diplomatic channels of the written notice of a Party informing the other Party of its intention to terminate it.
3. Termination of this Treaty shall not impede the completion of execution of requests for extradition received before the date of termination.
In witness whereof, the undersigned, being duly authorised thereto by their respective States, have signed this Treaty.
Done in duplicate at Moscow on the 23rd day of October Two thousand and Twenty-four in the Russian, Thai and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall be used.
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