« 이전계속 »
2) The status of companies ;
3) Matters of procedure, whether civil or criminal, and extradition. II. In case of disputes concerning pecuniary claims for damages, when the principle of the indemnity is recognized by the parties.
Such differences as may hereafter arise concerning the interpretation or application of a convention concluded or to be concluded between the high contracting parties, to which other Powers may have been parties or may have adhered, will be excluded from this solution by arbitration.
ARTICLE IV. The present convention would be applied even though the disputes arising should have had their origin in facts prior to its conclusion.
ARTICLE V. Whenever there shall be occasion for an arbitration between them, the high contracting parties will, in the absence of clauses to the contrary in the compromis, conform in all that concerns the designation of arbiters, and the arbitral procedure, to the arrangements established by Article 52 of the Convention, signed at The Hague October 5/18, 1907, for the Pacific Settlement of International Disputes, save in so far as regards the points hereinafter indicated.
ARTICLE VI. None of the arbiters may be a subject of one of the states signing the present convention, nor be domiciled in its territories, nor be interested in the questions which are the subject of the arbitration.
ARTICLE VII. The arbitral decision will contain an indication of the period within which it must be executed.
ARTICLE VIII. The present convention is concluded for a period of ten years. It will come into force one month after the exchange of ratifications. In case neither of the high contracting parties shall have given notice, six months before the end of the period mentioned, of its intention to terminate its validity, the convention will remain binding until the expiration of one year from the day on which one or the other of the high contracting parties shall have denounced it.
ARTICLE IX. The present convention will be ratified as soon as possible, and the ratifications will be exchanged at St. Petersburg.
In faith of which the plenipotentiaries have signed the present Convention and affixed their seals thereto.
Done in duplicate at St. Petersburg, August 2/15, 1910. (Signed) SAZONOW
(Signed) COUNT DE LA VINAZA (L. s.)
EXTRADITION TREATY BETWEEN SPAIN AND GREECE.
Signed at Athens, May 7/20, 1910; ratifications exchanged August
15/28, 1910. His Majesty the King of Spain and the King of the Hellenes having resolved to conclude a treaty for the reciprocal extradition of criminals, have appointed as their plenipotentiaries to-wit:
His Majesty the King of Spain His Excellency the Marquis of Prat de Nantouillet, Gentleman of the Bedchamber and his Envoy Extraordinary and Minister Plenioptentiary near His Majesty the King of the Hellenes; and
His Majesty the King of the Hellenes His Excellency Mr. Demetrio Kaleigi his Minister of Foreign Affairs,
Who, after having communicated to each other their respective full powers, found in good and dne form, have agreed upon and concluded the following articles :
ARTICLE I. The high contracting parties mutually agree to deliver up reciprocally in the conditions and circumstances established by the present treaty, persons who, having been charged with or convicted of a crime or misdemeanor within the territory of the party asking the extradition, shall take refuge in the territory of the other party.
ARTICLE II. Extradition will only be conceded for infractions of the penal laws hereinafter named, when such crimes are punished by the legislation of the state asking the extradition and the state granting it:
1. Assassination, poisoning, parricide, infanticide, murder.
2. Blows given or wounds caused voluntarily and with premeditation which have caused an illness which appears incurable, permanent incapacity for work, absolute loss of an organ, grave mutilation or death without intention of killing. 3. Rape. 4. Bigamy. 5. Abduction of minors. 6. Exposure or abandonment of a child under seven years old. 9. Abortion. 8. Robbery, embezzlement, breach of trust, fraud and extortion.
9. Voluntary and illegal restraint of individual liberty by private persons.
10. Counterfeiting, in which is comprised the falsification or alteration of money and knowingly uttering and circulating false or altered money.
11. The imitation or counterfeiting of public bonds or bank notes, of public or private stock certificates, or knowingly uttering and circulating these bonds, banknotes or certificates of stock, falsifying of documents or telegraphic despatches and knowingly using these counterfeit despatches, bonds, banknotes, or certificates of stock.
12. The imitation or counterfeiting of stamps, seals, dies, postage stamps or other like objects; knowingly using these counterfeited or falsified objects; the fraudulent use of authentic stamps, seals or dies.
13. False testimony. 14. Perjury.
15. Subornation malversation committed by public officers, eorruption of public officers.
16. Fraudulent bankruptcy. 17. Arson.
18. Destruction, deterioration or voluntary suppression of public bonds or private bonds, committed with the intention of causing damage to others.
19. The voluntary and illegal destruction of a building when such destruction may result in damage to the property of others or in danger of death.
20. The concealment of objects obtained through the crimes or misdemeanors mentioned in the present treaty.
Complicity in or the attempt to commit any of the above mentioned crimes are comprised in this treaty when such complicity or attempt is punished by the laws of both states.
In cases of correctional punishment, extradition may take place:
1. With regard to persons condemned by default when the sentence amounts to at least one year's imprisonment;
2. With regard to accused persons, when the maximum punishment applicable to their crime in both states is at least two years imprisonment.
ARTICLE III. No Spanish subject will be delivered up to the Hellenic Government and no Hellenic subject will be delivered up to the Spanish Government.
In cases where the accused or condemned person is not a subject of either of the two contracting states, the government to whom the request for extradition is addressed, remains at liberty to take whatever course
it may judge opportune, and to deliver the accused persons up either to the government of his native country or to the country in which the crime or misdemeanor was committed.
ARTICLE IV. Extradition shall not be granted:
I. If, after the facts alleged in the last service of papers in the proceedings or in the sentence, the action or punishment shall have lapsed through limitation, according to the laws of the country in which the accused has sought refuge.
II. If the crimes for which extradition is asked have been committed in the country from which the extradition of the criminal is requested, or even if the crime has been committed out of this country, if the accused has been tried or definitely judged in that country.
ARTICLE V. If the person whose extradition is requested, has been tried or condemned in the country which is asked to deliver him up, then the extradition proceedings may be put off until the trial has finished and in case of the conviction of the accused, until he shall have completed his sentence.
In case the accused should be tried or arrested in the country from which his extradition is asked on account of obligations contracted with private individuals, this shall not be a bar to his extradition, but the latter shall have the right of defending their interests before competent authorities.
ARTICLE VI. Extradition will not be granted if the crime for which it is asked is held in the state which is asked to grant the extradition as a political crime or as related to a crime of this nature, or if the accused be able to prove that, in reality, extradition has been asked for with a view of trying him for a crime of this nature.
The person for whom extradition has been granted, can not be tried or punished for any political crime committed before his extradition was asked for, nor for any act related to a crime of this nature nor for any crime or misdemeanor not mentioned in the present treaty.
A person who is extradited can not be tried or adjudged in default for any crime except that for which the extradition has been granted.
This shall not apply to crimes committed after the extradition shall have been granted.
ARTICLE VII. The request for extradition must always be made through the diplomatic representatives.
ARTICLE VIII. Extradition will be granted in accordance with the regulations prescribed in the country granting the extradition.
ARTICLE IX. Extradition will be granted on the presentation of a sentence or judgment of condemnation, even though it be by default, if in this case the person against whom the sentence has been given has been duly notified of it in the form required by the laws of the country requesting extradition, or the presentation of a document of criminal procedure issued by competent judicial authority, decreeing in due form or requesting with full right the delivering up of the accused.
Extradition may also be granted on the exhibition of a prison sentence or of any other like document, issued by the competent judicial authorities, provided these documents contain precise indications as to the act for which they have been issued, and, as far as possible, the date of this act. Either the originals or authenticated copies of the above mentioned documents must be presented.
These documents shall be accompanied by a copy of the text of the law applicable to the crime in question, and when necessary by a translation into French of this law, and so far as possible, by a description of the accused and any other indications which might be of assistance in determining his identity.
In case there should be doubts as to whether the crime or misdemeanor which is the object of the proceedings is included in the provisions of the present treaty, the government of which the extradition is requested may ask such explanations as it may deem useful or necessary to clear up its doubts, after which it may decide whether the extradition is to be granted or not.
The government asking the extradition shall give these explanations to the government of which the extradition is requested, and at the same time shall put at its disposition all of the documents which it may judge useful or necessary in clearing up the doubts of the latter government.