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Treaty between Great Britain and the Republic of San Marino, for the Mutual Extradition of Fugitive Criminals [1900] CATSer 1 (19 March 1900)

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TREATY BETWEEN GREAT BRITAIN AND THE REPUBLIC OF SAN MARINO FOR THE MUTUAL EXTRADITION OF FUGITIVE CRIMINALS

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and the Most Serene Republic of San Marino, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within their respective territories, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, the said High Contracting Parties have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, his Excellency Philip Henry Wodehouse, Baron Currie of Hawley, a Member of Her Most Honourable Privy Council, Knight Grand Cross of Her Most Honourable Order of the Bath, Her Ambassador Extraordinary and Plenipotentiary to His Majesty the King of Italy;

And the Most Serene Republic of San Marino, His Excellency Cavaliere Paolo Onorato Vigliani, Patrician of San Marino, Grand Cross and Grand Cordon of the Order of St. Maurice and St. Lazarus, and of the Crown of Italy, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, &c., Minister of State, ex-President of the Court of Cassation, Senator of the Kingdom of Italy;

Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles:-

ARTICLE I

The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime or offence committed in the territory of the one Party, shall be found within the territory of the other Party under the circum­stances and conditions stated in the present Treaty.

ARTICLE II

The crimes or offences for which the extradition is to be granted are the following:

1. Murder, or attempt, or conspiracy to murder, and man­slaughter;

2. Assault occasioning actual bodily harm. Malicious wounding or inflicting grievous bodily harm;

3. Counterfeiting or altering money or uttering counterfeit or altered money;

4. Knowingly making any instrument, tool, or engine adapted and intended for counterfeiting coin;

5. Forgery, counterfeiting, or altering or uttering what is forged, counterfeited, or altered;

6. Embezzlement or larceny;

7. Malicious injury to property if the offence be indictable;

8. Obtaining money, goods, or valuable securities by false pretences;

9. Receiving money, valuable security, or other property knowing the same to have been stolen, embezzled, or unlawfully obtained;

10. Crimes against Bankruptcy Law;

11. Fraud by a bailee, banker, agent, factor, trustee, or director, or member or public officer of any company;

12. Perjury, or subornation of perjury;

13. Rape;

14. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under 16 years of age, so far as such acts are punishable by the law of the State upon which the demand is made;

15. Indecent assault. Indecent assault, even with consent, upon children of either sex under 13 years of age;

16. Administering drugs or using instruments with intent to procure the miscarriage of a woman;

17. Abduction;

18. Child stealing;

19. Abandoning children, exposing or unlawfully detaining them;

20. Kidnapping and false imprisonment;

21. Burglary or housebreaking;

22. Arson;

23. Robbery with violence;

24. Any malicious act done with intent to endanger the safety of any person in a railway train;

25. Threats by letter or otherwise, with intent to extort;

26. Piracy by law of nations;

27. Sinking or destroying a vessel at sea, or attempting or con­spiring to do so;

28. Assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm;

29. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master;

30. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States.

Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both the Contracting Parties.

Extradition may also be granted, at the discretion of the State applied to, in respect of any other crime for which, according to the laws of both the Contracting Parties for the time being in force, the grant can be made.

ARTICLE III

Either Government may, in its absolute discretion, refuse to deliver up its own subjects to the other Government.

ARTICLE IV

The extradition shall not take place if the person claimed on the part of the British Government, or the person claimed on the part of the Government of San Marino, has already been tried and discharged or punished, or is actually upon his trial, within the territory of the other of the two High Contracting Parties, for the crime for which his extradition is demanded.

If the person claimed on the part of the British Government, or if the person claimed on the part of the Government of San Marino, should be under examination, or be undergoing sentence under a conviction, for any other crime within the territories of the two High Contracting Parties respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of his sentence, or otherwise.

ARTICLE V

The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution or the conviction thereon, exemption from prosecution or punish­ment has been acquired by lapse of time, according to the laws of the State applied to.

ARTICLE VI

A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.

ARTICLE VII

A person surrendered can in no case be kept in prison, or be brought to trial in the State to which the surrender has been made, for any other crime or on account of any other matters than those for which the extradition shall have taken place, until he has been restored or had an opportunity of returning to the State by which he has been surrendered

This stipulation does not apply to crimes committed after the extradition.

ARTICLE VIII

The requisition for extradition shall be made in the following manner:-

Application on behalf of Her Britannic Majesty’s Government for the surrender of a fugitive criminal in San Marino shall be made by Her Majesty’s Consul for the Republic of San Marino.

Application on behalf of the Republic of San Marino for the surrender of a fugitive criminal in the United Kingdom shall be made either direct by the Captains-Regent or by the Consul of the Republic accredited to the British Government in London.

The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.

If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court of the State that makes the requisition for extradition.

A sentence passed in contumaciam is not to be deemed a convic­tion, but a person so sentenced may be dealt with as an accused person.

ARTICLE IX

If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.

ARTICLE X

If the fugitive has been arrested in the British dominions, he shall forthwith be brought before a competent Magistrate, who is to examine him and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the British dominions.

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit as valid evidence the sworn depositions or the affirma­tions of witnesses taken in San Marino, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction, provided the same are authenticated as follows:-

1. A warrant must purport to be signed by a Judge, Magistrate, or officer of the Republic of San Marino.

2. Depositions or affirmations, or the copies thereof, must pur­port to be certified under the hand of a Judge, Magistrate, or officer of the Republic of San Marino, to be the original depositions or affirmations, or to be the true copies thereof, as the case may require.

3. A certificate of or judicial document stating the fact of a conviction must purport to be certified by a Judge, Magistrate, or officer of the Republic of San Marino.

4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by the oath of some witness, or by being sealed with the official seal and legalization of the Republic of San Marino; but any other mode of authentication for the time being permitted by the law in that part of the British dominions where the examination is taken may be substituted for the foregoing.

ARTICLE XI

If the fugitive has been arrested in the Republic of San Marino, his surrender shall be granted if, upon examination by a competent authority, it appears that the documents furnished by the British Government contain sufficient prima facie evidence to justify the extradition.

The authorities of the Republic shall admit as valid evidence records drawn up by the British authorities of the depositions of witnesses, or copies thereof, and records of conviction or other judicial documents, or copies thereof: Provided that the said documents be signed or authenticated by an authority whose com­petence shall be certified by the seal of a Minister of State of Her Britannic Majesty.

ARTICLE XII

The extradition shall not take place unless the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial in case the crime had been committed in the territory of the said State, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to. In Her Britannic Majesty’s dominions the fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

ARTICLE XIII

If the individual claimed by one of the two High Contracting Parties, in pursuance of the present Treaty, should be also claimed by one or several other Powers on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to that State whose demand is earliest in date.

ARTICLE XIV

If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper Tribunal thereof, shall direct, the fugitive shall be set at liberty.

ARTICLE XV

All articles seized, which were in the possession of the person to be surrendered at the time of his apprehension, shall, if the competent authority of the State applied to for the extradition has ordered the delivery thereof, be given up when the extradition takes place, and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.

ARTICLE XVI

The expenses of arresting, maintaining, and transporting the person whose extradition is applied for, as well as those of handing over and transporting the property and articles, which, by the preceding Article, must be restored or given up, shall be borne by the two States within the limits of their respective territories.

The expenses of transport or other necessary expenses by sea, or through the territories of a third State, shall be borne by the demanding State.

ARTICLE XVII

Either of the High Contracting Parties who may wish to have recourse for purposes of extradition to transit through the territory of a third Power shall be bound to arrange the condition of transit with such third Power.

ARTICLE XVIII

When in a criminal ease of a non-political character either of the High Contracting Parties should think it necessary to take the evidence of witnesses residing in the dominions of the other, or to obtain any other legal evidence, a “Commission Rogatoire” to that effect shall be sent through the channel indicated in Article VIII, and effect shall be given thereto conformably to the laws in force in the place where the evidence is to be taken.

ARTICLE XIX

The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of Her Britannic Majesty, so far as the laws for the time being in force in such Colonies and foreign possessions respectively will allow.

The requisition for the surrender of a fugitive criminal who has taken refuge in any of such Colonies or foreign possessions may be made to the Governor or chief authority of such Colony or posses­sion by any person authorized to act in such Colony or possession as a Consular officer of the Republic of San Marino.

Such requisitions may be disposed of, subject always, as nearly as may be, and so far as the law of such Colony or foreign possession will allow, to the provisions of this Treaty, by the said Governor or chief authority, who, however, shall be at liberty either to grant the surrender or to refer the matter to his Government.

Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possession for the surrender of criminals from San Marino who may take refuge within such Colonies and foreign possessions, on the basis, nearly as may be, and so far as the law of such Colony or foreign possession will allow, of the provisions of the present Treaty.

Requisitions for the surrender of a fugitive criminal emanating from any Colony or foreign possession of Her Britannic Majesty shall be governed by the rules laid down in the preceding Articles of the present Treaty.

ARTICLE XX

The present Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties at any time on giving to the other six months’ notice of its intention to do so.

The Treaty shall be ratified, and the ratifications shall be ex­changed at Rome as soon as possible.

IN WITNESS WHEREOF the respective Plenipotentiaries have signed the present Treaty in duplicate, in English and Italian, and have affixed thereto the seal of their arms. ­

DONE at Florence, the 16th day of October, 1899.

Currie

P. O. Vigliani