Japan

Act of Extradition

(Rescission of the order for application for examination)

Article 11.

1. When, after forwarding the documents provided for in Article 3, the Minister of Foreign Affairs
receives notification from the requesting country that it withdraws its request for extradition, or when the case has come under item (2) of Article 3, the Minister of Foreign Affairs shall immediately notify the Minister of Justice to that effect.

2. When, after the Minister of Justice has issued the order provided for in paragraph l of Article 4, the Minister of Justice receives from the Minister of Foreign Affairs the notification provided for in paragraph 1 above, or the case has fallen under any of the items of paragraph 1 of Article 4, the Minister of Justice shall immediately rescind the order and at the same time notify the fugitive to whom a certified copy of the application for examination provided for in paragraph 3 of Article 8 has been forwarded to that effect.

3. When an order for an application for examination is rescinded after the application for examination has been made, a public prosecutor of the Tokyo High Public Prosecutors Office shall promptly withdraw the application for examination.


(Release of fugitive)

Article 12.

When a decision is rendered in accordance with paragraph 1, item (1) or (2) of Article 10, or when an order for an application for examination is rescinded as provided for in Article 11, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the fugitive who is detained under a permit of detention.


(Submission of a certified copy of the written decision to the Minister of Justice)

Article 13.

When a public prosecutor of the Tokyo High Public Prosecutors Office is served with a certified copy of a written decision prepared as provided for in paragraph 3 of Article 10, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall promptly submit the certified copy and the related documents, with his/her opinion attached, to the Minister of Justice.


(Order of the Minister of Justice concerning extradition, etc.)

Article 14.

1. When the Minister of Justice deems it to be appropriate to surrender the fugitive, in the case of a decision rendered as provided for in paragraph 1, item (3) of Article l0, the Minister shall order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to surrender the fugitive, and at the same time notify the fugitive to that effect; however, when the Minister deems it to be inappropriate to surrender the fugitive, the Minister shall immediately notify the Superintending Prosecutors of the Tokyo High Public Prosecutors Office and the fugitive to that effect, and at the same time order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the fugitive who is detained under a permit of detention.

2. When an order of release provided for in paragraph 1 above is made, or when an order of surrender provided for in paragraph l above is not made within ten days from the day on which a certified copy of the decision provided for in paragraph l, item (3) of Article 10 was served as provided for in paragraph 3 of Article 10, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the fugitive who is detained under a permit of detention.

3. After making notification as provided for in paragraph l above that the surrender of the fugitive is deemed to be inappropriate, the Minister of Justice may not order the surrender of the fugitive with respect to the request for extradition concerned. Provided that this shall not apply when the treaty of extradition provides otherwise than Article 2 with respect to cases falling under item (8), and the case has ceased to fall under item (8) of Article 2 after a notification was made that the surrender of the fugitive was deemed to be inappropriate because the case fell under item (8) of Article 2.

Keywords

Competent national authority



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