Section 2 Criminal Case

Chapter 4 Summon and Arrest Warrant

Summons

Article 92:

The prosecutor and court may summon anyone if in accordance with provisions of law their statements or appearance is considered useful and effective in legal prosecution. The police issue the summons letter.

Section 2 Criminal Case

Chapter 4 Summon and Arrest Warrant

Summon and Arrest Warrants

Article 93:

(1) The summons and arrest warrants shall be written in 3 copies out of which 1 copy will be filed in the office and 2 other copies will be submitted to the police officer. The police shall file 1 copy in the office and present the other copy to the summoned person. The issued orders shall contain the following information:

1– Name, father’s name, job and place of residence of the summoned person.

2– Name and address of the administration issuing the summons warrant.

3– Causes for issuing summons warrant and the law article which sanctions such order.

4– Time, place and date of appearance.

5– Obligations of police regarding issuance of the summons warrant and the measures that need to be taken by the police should the summoned person ignore the summons warrant.

(2) The summons warrant shall have a number and date and it shall be registered, signed and stamped by the issuing authority.

Chapter 2 Extradition

Article Eleven

Requirements for accepting the request

(1) A request for extradition of an accused to be investigated or tried will be accepted for consideration under the following requirements:

a. The crime that the suspect or accused is being extradited for shall be mentioned in the extradition treaty.

b. Commission of the act shall be considered a crime in the laws of both Afghanistan and the foreign country, and the punishment for the act shall be [imprisonment for] more than a year in laws of both the countries.

c. [The party requesting extradition] shall commit to abide by the provisions of the UN Convention on Civil and Political Rights and UN Convention against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment while investigating and trying the individual whose extradition is being requested.

d. [The party requesting extradition] shall commit to provide information regarding the process of investigation and trial, or any change in the status of the extradited individual.

e. Avoiding double jeopardy for the individual whose extradition is requested, based on a final verdict of the court in relation to the crime committed.

f. Compliance with provisions of paragraph (1) of Article 10 of this law.

(2) A request for extradition of a convict for[purposes of ] imprisonment will be accepted for consideration provided the following requirements are met, in addition to compliance with the sections a, b and c of paragraph (1) of this article:

a. Conviction of the individual by a final verdict of the court [shall be] for more than one year of imprisonment

b. If sentenced to both imprisonment and a fine, [the money shall be] paid or a guarantee for payment of it [shall be received].

c. Commitment to avoid double jeopardy

d. Commitment to share information on any type of change [that may occur] in status of the convict.

e. Compliance with provisions of Article 10, paragraph (1) of this law.