Chapter I. Criminal law, scope of criminal law… and more.
Article 10
If the Icelandic state has had a person extradited for punishment from another state, he may not be convicted of other crimes, committed for the extradition, but those for whom the extradition has been made, the foreign state has set such a condition, and not in a heavier penalty than required.
Chapter I. Conditions for extradition.
Article 1
A person who in a foreign state is suspected, charged or convicted of a criminal offense may be extradited in accordance with this Act.
[The extradition between Iceland and the member states of the European Union and between Iceland and other Nordic countries of a person for criminal acts on the basis of an arrest warrant applies to the provisions of the Act on Arrest and Extradition of Persons to and from Iceland for criminal acts on the basis of an arrest warrant.]
Article 2
Icelandic citizens may not be extradited.
Article 3
Extradition of a person is only permitted if the act or a similar act can result in imprisonment for more than 1 year according to Icelandic law. Extradition may be negotiated with other states for an act which, according to Icelandic law, may involve [short-term imprisonment]. 1)
Extradition for the processing of a case is only permitted if a decision has been made in the foreign state that the person requested to be extradited shall be arrested or imprisoned for the act in question.
Extradition to enforcement of a judgment is, unless otherwise decided by agreement with the State concerned, only permitted:
1. if the sentence according to the judgment is at least 4 months [imprisonment], 1)
2. if a convicted person is sentenced by a court or a decision made in accordance with a court order, shall be kept in an institution and his stay there may last for at least 4 months.
Extradition for the processing of a case or the execution of a sentence for additional acts is permitted, although the conditions according to Art. mgr. are met only in respect of one act.
If there is reasonable reason to believe that a suspicion of criminal conduct or the outcome of a judgment for which extradition is requested, is not considered to satisfy the basic rules of Icelandic law on reasoned suspicion, criminal conduct or legal proof of criminal proceedings, extradition is not permitted.
Article 4
Extradition for acts of martial law is not permitted.
Article 5
Extradition for political offenses is not permitted.
If the act is also a violation of legal provisions that are not of a political nature, then extradition is permitted if the act is considered to be a minor political offense.
[By agreement with other states, it may be decided that certain offenses shall not be considered political offenses.]
Article 6
A person may not be extradited if there is a significant risk that he or she will be subjected to treason or persecution which is directed against his or her life or liberty or is otherwise of a serious nature after extradition due to race, nationality, religion, political views or otherwise due to political circumstances.
Article 7
In special cases, extradition may be refused if humanitarian reasons preclude it, such as age, health or other personal circumstances.
Article 8
Extradition is not permitted when the person wanted to be extradited has been convicted or acquitted in this country for the criminal offense in question.
If an investigation against an accused person has not led to an indictment against him, he will not be extradited for the act covered by the investigation, unless there are conditions for filing a case under the [Criminal Procedure Act].
Article 9
Extradition is not permitted if the guilt or sentence is time-barred or otherwise canceled according to Icelandic law.
[If a request for extradition is received from a state participating in the Schengen co-operation, the law of that state shall apply to the breach of the limitation period.]
Article 10
[When the person requested to be extradited has been sentenced to imprisonment or by a court or with the authority of a court, or shall be kept in an institution for an act other than the extradition request, he may not be extradited until the sentence is completed or he is discharged from the institution.] 1) He may also not be extradited if a case is pending in this country for an act other than the one for which he is requested to be extradited and which may involve at least 2 years [imprisonment], 1) or if he is being held in custody or is available against the security measures provided for in the [Criminal Procedure Act].
Extradition for the processing of a case may, however, be permitted on the condition that the person in question is sent back as soon as possible after the processing of the case.
Article 11
The following conditions for extradition shall be set:
1. That the extradited person shall not be prosecuted or punished or extradited to a third country for another criminal act committed before extradition, except:
a. that [the ministry] 1)home it, cf. Article 20, or
b. that the extradited person has not left the country to which he was extradited, even though he had the opportunity to leave there unhindered for at least 45 days or
c. that he has returned to the country to which he was extradited after he had left the country.
2. That without permission [of the Ministry] 2)the case of the extradited person may not be brought before the interim courts or a court which is only authorized to deal with the offenses in question or special exceptional cases.
3. That the death penalty against the extradited person may not be served.
Additional conditions may be set for extradition.
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.