Laws Information

法規資訊
Title: Law of Extradition
Am Date: 1980-07-04
Legislative History: Articles 15, 16, 17, 18, 20, 21, 22 amended and promulgated by Presidential Order July 4, 1980.

Transaction

Amendment

Article 15
Ministry of Foreign Affairs, upon receiving a requisition for Extradition, must forward the same, together with other relevant documents to Ministry of Justice for relegation to the District Prosecutors’ Office having jurisdiction over the accused’s residence, where the accused’s present location is unknown, the case must be referred to the appropriate District Prosecutors’ Office.

Article 16
A duty prosecutor may, according to the provisions specified in the Criminal Procedural Code, give an order to apprehend and hold in custody the accused who is requested to be extradited so far as the cognizant Prosecutors’ Office upon receiving the case of requisition for extradition.

Article 17
The prosecutor shall interrogate the accused within twenty-four (24) hours after he is arrested, inform him of the requisition for extradition, and forward the case as soon as possible to the court.
The court, upon receiving the case specified in the preceding paragraph, may issue a warrant to apprehend and hold in custody the accused in accordance with the provisions of the Criminal Procedure Code.

Article 18
The court shall, after receiving a case of requisition for extradition, inform the accused of the facts and evidences of the case, and order him to submit a reply in writing within sixty (60) days.

Article 20
Upon expiration of the period specified in paragraph 2 of Article 12 and in Article 18, the court shall set a date and notify the prosecutor, the accused and his advocate for oral proceedings.
The court shall prepare a decision within five (5) days after the conclusion of oral proceedings, stating whether extradition should be approved. The court shall conclude a case of requisition for extradition within thirty (30) days after receipt of the reply in writing of the accused.

Article 21
The court in charge, as soon as a written resolution is made, must have the case, with all papers pertinent thereto, report, through Prosecutors’ Office, to the Ministry of Justice, to be eventually forwarded to Ministry of Foreign Affairs for transmittal to Executive Yuan, thence submitted to the President for a Presidential Resolution.
If a court cannot decide to which country the accused should be delivered up in accordance with the provision of Article 6,it shall be so stated in the written decision for final decision by the President.

Article 22
If extradition is approved by the President, the cognizant Prosecutors’ Office shall, after the receipt of the order from the Ministry of Justice, notify the accused thereof as soon as possible.
If the extradition is refused by the President, the cognizant Prosecutors’ Office shall revoke the detention. The country making the requisition may not thereafter make requisition for extradition on the same case.