Extradition

Lebanon

Lebanon - Criminal Code 1943 (2010) EN

Subsection 7 - Extradition
Article 31 - The follwing may give rise to extradition:
1. Offences committed in the territory of the requesting state;
2. Offences that adversely affect its security or financial status;
3. Offences committed by one of its nationals.

Extradition shall not be granted:

1. If the offence is not punishable as a felony or misdemeanour under Lebanese law; this exception shall not be applicable, however, if the circumstances of the act constituting the offence cannot occur in Lebanon owing to its geographical
situation;

2. If the penalty applicable under the law of the requesting state or the law of the state in whose territory the acts were committed is a term of imprisonment of less than one year for all the offences covered by the request;
In the event of a conviction, if the sentence imposed is less than two months’ imprisonment;

3. If an irrevocable judgement concerning the offence has been rendered in Lebanon, or if the public prosecution or the sentence has lapsed pursuant to Lebanese law, the law of the requesting state, or the law of the state in whose territory the offence was committed.

Article 34 - Extradition shall not be granted either:
1. If it is requested in connection with a political offence or if it seems to serve a political aim;
2. If the accused was enslaved in the territory of the requesting state;
3. If the penalty applicable under the law of the requesting state is contrary to the established social order.

Article 35 - Article 35 was amended by Article 4 of Legislative Decree No. 112 of 16 September 1983 as follows:

The request for extradition shall be referred to the Public Prosecutor at the Court of Cassation, who shall check whether the legal conditions have been fulfilled and assess whether the charge has been adequately established. He may also issue an arrest warrant for the person whose extradition is requested after questioning him. He shall then refer the file together with his report to the Minister of Justice.
The decision to grant or reject the request for extradition shall be taken pursuant to a decree adopted on the basis of a proposal by the Minister of Justice.

Article 36 - Article 36 was amended by Article 51, paragraph 5, of Legislative Decree No. 112 of 16 September 1983 as follows:

An extradited accused cannot be prosecuted adversarially, subjected to a penalty or extradited to a third state for any offence committed prior to the extradition other than the offence giving rise thereto, unless the Government of the requesting state gives its consent in accordance with the provisions of the previous article.The consent given in such cases shall not be bound by the terms of paragraph 2 of Article 33.

Extradition shall not be granted:

1. If the offence is not punishable as a felony or misdemeanour under Lebanese law; this exception shall not be applicable, however, if the circumstances of the act constituting the offence cannot occur in Lebanon owing to its geographical
situation;

2. If the penalty applicable under the law of the requesting state or the law of the state in whose territory the acts were committed is a term of imprisonment of less than one year for all the offences covered by the request;
In the event of a conviction, if the sentence imposed is less than two months’ imprisonment;

3. If an irrevocable judgement concerning the offence has been rendered in Lebanon, or if the public prosecution or the sentence has lapsed pursuant to Lebanese law, the law of the requesting state, or the law of the state in whose territory the offence was committed.

Article 34 - Extradition shall not be granted either:
1. If it is requested in connection with a political offence or if it seems to serve a political aim;
2. If the accused was enslaved in the territory of the requesting state;
3. If the penalty applicable under the law of the requesting state is contrary to the established social order.

Article 35 - Article 35 was amended by Article 4 of Legislative Decree No. 112 of 16 September 1983 as follows:

The request for extradition shall be referred to the Public Prosecutor at the Court of Cassation, who shall check whether the legal conditions have been fulfilled and assess whether the charge has been adequately established. He may also issue an arrest warrant for the person whose extradition is requested after questioning him. He shall then refer the file together with his report to the Minister of Justice.
The decision to grant or reject the request for extradition shall be taken pursuant to a decree adopted on the basis of a proposal by the Minister of Justice.

Article 36 - Article 36 was amended by Article 51, paragraph 5, of Legislative Decree No. 112 of 16 September 1983 as follows:

An extradited accused cannot be prosecuted adversarially, subjected to a penalty or extradited to a third state for any offence committed prior to the extradition other than the offence giving rise thereto, unless the Government of the requesting state gives its consent in accordance with the provisions of the previous article.The consent given in such cases shall not be bound by the terms of paragraph 2 of Article 33.

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.