The contract between the Republic of Kazakhstan and the Kyrgyz Republic on issue of persons who committed crime and implementation of criminal prosecution

of April 8, 1997

The Republic of Kazakhstan and the Kyrgyz Republic, the hereinafter referred to as Contracting Parties, proceeding from the principles of international law, on the basis of respect of sovereignty and equality of the states, for the purpose of strengthening of cooperation in the field of fight against crime, agreed as follows:

Article 1 Obligation of Issue and Implementation of Criminal Prosecution

Contracting parties shall according to provisions of this agreement at request issue each other persons which are in their territories who in the requesting state are searched for the purpose of criminal prosecution for extraditable offenses, or for execution of sentence, and also to perform criminal prosecution.

Article 2 Competent organizations and officials

1. The intercourses concerning issue and criminal prosecution are performed through the Prosecutor General's Offices of Contracting Parties.

2. Competent officials are the Attorney-General of the Contracting Party, his deputies.

Article 3 Language

In case of accomplishment of this Agreement Contracting Parties use the state language with appendix of transfer of documents into Russian or Russian.

Article 4 Issue

1. Contracting parties shall in accordance with the terms, provided by this Agreement, on demand to issue each other persons which are in their territory for criminal prosecution or for enforcement of the sentence.

2. Issue is made for criminal prosecution for such acts which under the laws of the requesting and requested Contracting Parties are punishable and for which making custodial sanction for the term of at least one year or heavier punishment is prescribed.

3. Issue is made for enforcement of the sentence for such acts which according to the legislation of the requesting and requested Contracting Parties are punishable and for which making person whose issue is required, was sentenced to imprisonment for the term of at least six months or to heavier punishment.

The article 5 Refusal in issue

1. Issue is not made if:

a) person whose issue is required, is citizen of the required Contracting Party;

b) at the time of receipt of the requirement criminal prosecution according to the legislation of the required Contracting Party cannot be initiated or the sentence cannot be carried out owing to lapse of time or on other legal cause;

c) concerning person whose issue is required in the territory of the required Contracting Party for the same crime the sentence or the resolution on suit abatement which took legal effect was pronounced;

d) the crime according to the legislation of the requesting or required Contracting Party is pursued according to the procedure of private prosecution (according to the statement of the victim);

e) the required Contracting Party performs criminal prosecution for the same crime concerning person whose issue is required.

2. Issue it can be refused if the crime in connection with which issue is required is made in the territory of the required Contracting Party.

3. In case of refusal in issue the requesting Contracting Party shall be in writing informed on the refusal bases.

Article 6 of the Effect of refusal in issue

If according to Item and) Article 5 of this Agreement issue of person it is refused, then required Agreeing. The party, based on the order of the requesting Contracting Party, initiates against such person criminal prosecution according to the legislation. For this purpose the requesting Contracting Party transfers to the required Contracting Party the cases which are available at its order, materials and proofs.

Article 7 Requirement about issue

1. The requirement about issue shall be provided in writing and contain:

a) the name of the requested and requesting organization;

b) the description of the actual circumstances of act and the text of the law of the requesting Contracting Party based on which act is recognized crime with indication of the punishment measure provided by this law;

c) surname, name, middle name of person who is subject to issue, his nationality, the residence or stay, whenever possible the description of appearance and other information about his personality;

d) specifying of the extent of the damage caused by crime;

e) the text of the law concerning prescriptive limits of criminal prosecution or execution of sentence.

2. To the requirement about issue for implementation of criminal prosecution, except the data specified in Item 1 of this Article the verified copy of the resolution on the detention authorized by the prosecutor or the corresponding determination of court, and also the documents confirming nationality of person which issue is required shall be enclosed.

3. To the requirement about issue for enforcement of the sentence, except the data specified in Item 1 of this Article shall be enclosed the verified copy of sentence with mark about its introduction in legal force and the text of provision of the penal statute based on which person is condemned. If the convict already left part of punishment, also the certificate of the left part of term of punishment is attached.

4. The documents provided by Contracting Parties shall be certified by official stamp, and the requirement about issue is signed by the competent person.

Article 8 Additional data

1. If the requirement about issue does not contain all necessary data, then the required Contracting Party can request additional data for what it establishes term up to one month. This term can be prolonged up to one month according to the petition of the requesting Contracting Party.

2. If the requesting Contracting Party does not provide at the scheduled time of additional data, then the required Contracting Party shall exempt person detained.

The article 9 Search and taking prisoner for issue

On receipt of the requirement about issue the required Contracting Party immediately takes measures to search and taking prisoner of person which issue is required unless issue cannot be made.

The article 10 Search of Person before receipt of the requirement about issue

1. Contracting parties perform according to the order search of person before receipt of the requirement about its issue in the presence of the bases to believe that this person can be in the territory of the required Contracting Party.

2. The order about implementation of search is constituted according to provisions of Article 7 of this Agreement and shall contain as much as possible complete description of the searched person along with any other information allowing to determine its location, request for taking prisoner with indication of that the requirement about issue of this person will be provided.

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