Extradition

Malaysia

Malaysia - Extradition Act 1992 EN

Part II EXTRADITION OFFENCE
6. (1) A fugitive criminal shall onlv be returned for an extradition offence.

(2) For the purposes of this Act, an extraditionoffence is an offence, however described, including fiscal offences—

(a) which is punishable, under the laws of a countryreferred to under paragraph 1(2)(a) or l(2)(b),
with imprisonment for not less than one year or with death; and

(b) which, if committed within the jurisdiction ofMalaysia, is punishable under the laws of Malaysia with imprisonment for not less than one year or with death:
Provided that, in the case of an extraterritorial offence, it is so punishable under the laws of Malaysia if it took place in corresponding circumstances outside Malaysia.

(3) An offence shall also be an extradition offence ifit consists of an attempt or a conspiracy to commit, or an abetment of the commission of, any offence described in subsection (2).

PART VI
RETURN OF VUGITIVE CRIMINALS WHO ARE ALSO PRISONERS TO STAND TRIAL

29. (1) A requisition by any country for the return of Procedure for a fugitive criminal who is serving a sentence or return. sentences of imprisonment in respect of an offence or offences against a law of Malaysia, for the purpose of a trial against him, shall be made to the Minister by a diplomatic representative of the country concerned.

(2) There shall be furnished with any requisition made under subsection (1) particulars of the fugitive criminal whose return is requested and of the facts upon which and the law under he is accused as well as adequate undertakings to the effect that—

(a) the fugitive criminal shall be immediately returned to Malaysia upon completion of his trial in the country concerned; and

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.