Extradition

Iraq

Iraq - Criminal Procedure Code 1971 (2010) EN

Book 6: Miscellaneous
Section 7: Requests for Legal Assistance and Extradition of Criminals 352-368
Chapter 2: Extradition of Criminals 357-368
Article 357

A. It is stipulated in the request for extradition that the person who is the subject of the request should:

1. Be accused of committing an offence which took place either inside or outside the state requesting the extradition and the offence should carry a prison sentence of not less than two years under the laws of the state requesting extradition and of Iraq; or

2. Been sentenced by the state requesting extradition to a prison sentence of not less than six months.


B. If the person whose extradition is requested has committed many offences the request for extradition will be considered valid if the conditions are met for any one of them.

Book 6: Miscellaneous
Section 7: Requests for Legal Assistance and Extradition of Criminals 352-368
Chapter 2: Extradition of Criminals 357-368
Article 365

A. If more than one state requests a extradition for one offence, then the request of the state whose security or interests were damaged by the offence is submitted first, then that of the state in whose territory the offence took place and then that of the state of which the requested person is a citizen.


B. If circumstances demand, the state will present previous records in the request for extradition.


C. If the request for extradition refers to numerous offences, the question of which is given more weight will depend on the circumstances of the offence and its seriousness.

Book 6: Miscellaneous
Section 7: Requests for Legal Assistance and Extradition of Criminals 352-368
Chapter 2: Extradition of Criminals 357-368
Article 367

If extradition is agreed and the requesting state does not take steps to transfer the person within two months of the date of notification that he was ready for extradition, he is to be released immediately and he cannot be extradited after that for the same offence.

Rome Statute

Article 102 Use of terms

For the purposes of this Statute:

(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.