Can someone be extradited from Costa Rica back to the United States?


title: extradition treaty between government of united states of america , government of republic of costa rica . signed @ san jose december 4, 1982; entered force october 11, 1991.
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government of united states of america , government of republic of costa rica ,

desiring provide more effective cooperation between 2 states in repression of crime; ,

desiring conclude new treaty reciprocal extradition of fugitives justice,

have agreed follows:

article 1 obligation extradite

contracting parties agree extradite each other, subject provisions in treaty, persons found in territory of 1 of contracting parties have been charged with, being tried for, or have been found guilty of extraditable offense in requesting state .

article 2 extraditable offenses

(1) offense shall extraditable offense if may punished under laws of both contracting parties deprivation of liberty maximum period of more 1 year or greater punishment.

(2) offense shall extraditable if consists of attempt commit or participation in commission of offense described in paragraph (1) of article. extradition shall granted illicit association, provided laws of costa rica , commit offense described in paragraph (1) of article, , conspiring provided laws of united states of america , commit such offense.

(3) purpose of article, offense shall extraditable offense:

(a) whether or not laws of contracting parties place offense within same category of offenses or denominate offense same terminology; or

(b) whether or not offense 1 united states federal law requires, purpose of establishing jurisdiction in united states federal court, proof of interstate transportation, or use of, or effect on, mails or other facilities affecting interstate or foreign commerce.

(4) when extradition has been granted extraditable offense, may granted other offense specified in request extradition, if other offense may punished less 1 year's deprivation of liberty in either state, provided other requirements extradition met. requesting state shall submit documentation required article 9 each offense extradition requested pursuant paragraph.

article 3 jurisdiction

extradition shall granted extraditable offense regardless of act or acts constituting offense committed.

article 4 political , military offenses

(1) extradition shall not granted when offense extradition requested political offense or if requested state determines extradition has been requested principal purpose of prosecuting or punishing person offense of political character. costa rica shall not grant extradition offense connected political offense long constitution prohibits extradition such offense.

(2) purposes of treaty, following offenses shall not considered included in paragraph (1) of article:

(a) murder or other willful crime against life or physical integrity of head of state or head of government or of family, including attempts commit such offense.

(b) offense respect contracting parties have obligation prosecute or grant extradition reason of multilateral international agreement.

(3) extradition shall not granted when offense extradition requested offense of purely military nature.

article 5 capital punishment

when offense extradition requested punishable death under laws of requesting state , laws of requested state not permit such punishment offense, extradition may refused, unless, before extradition granted, requesting state furnishes such assurances requested state considers sufficient, death penalty shall not imposed, or, if imposed, shall not executed.

article 6 prior jeopardy same offense

(1) extradition shall not granted when person sought being tried; has been convicted, acquitted, or pardoned; or has served sentence imposed requested state same offense arising out of same acts extradition requested.

(2) extradition may granted, however, if competent authorities of requested state have decided refrain prosecuting person sought acts extradition requested or discontinue criminal proceedings have been initiated against person sought.

article 7 statute of limitations

extradition shall not granted when prosecution or enforcement of penalty offense extradition has been sought has become barred lapse of time pusuant laws of requesting state .

article 8 extradition of nationals

(1) neither of contracting parties shall bound surrender nationals. requested state , however, shall have power grant extradition of nationals if, in discretion, deemed proper , provided constitution of requested state not preclude. in no event may either contracting party refuse extradite 1 of nationals on basis of nationality after person's nationality has been cancelled in accordance law of requested state .

(2) requested state shall undertake available legal measures suspend proceedings naturalization of person sought until decision made on request extradition and, if request granted, until person surrendered.

(3) if requested state refuses extradition on basis of nationality, shall, @ request of requesting state , submit case competent authorities prosecution. if requested state requires additional documents or evidence, such documents or evidence shall submitted without charge state. requesting state shall informed of result of request.

article 9 extradition procedures , required documents

(1) request extradition shall made diplomatic agent of requesting state or, if none present, consular officer of state.

(2) request extradition shall contain:

(a) information concerning identity of person sought , location person may found, if known; ,

(b) brief statement of facts of case.

(3) request extradition shall accompanied documents contain:

(a) detailed explanation of pertinent facts of case;

(b) evidence person sought person charged or convicted;

(c) text , explanation of law describing offenses , penalties therefor; ,

(d) text , explanation of law setting forth statute of limitations applicable trial , punishment therefor.

(4) when request extradition relates person has not yet been convicted, shall accompanied by:

(a) copy of charging document, or equivalent document issued judge or judicial authority; ,

(b) such evidence, in accordance laws of requested state , necessary justify apprehension , commitment trial of person sought if offense had been committed there.

(5) when request extradition relates convicted person, shall accompanied copy of judgment of conviction or statement competent judicial authority of requesting state person has been convicted.

(6) documents transmitted requesting state shall translated, in either requesting or requested state , language of requested state .

article 10 additional documentation

(1) if requested state considers documents furnished in support of request extradition of person sought not sufficient fulfill requirements of treaty, state shall request submission of necessary additional documents. requested state may set time limit submission of such documents, , may grant reasonable extension of time limit upon application of requesting state setting forth reasons therefor.

(2) if person sought in custody , additional documents submitted not sufficient, or if such documents not received within period specified requested state , person may discharged custody. such discharge shall not prejudice rearrest , extradition of person if additional documents subsequently received.

article 11 provisional detention

(1) in case of urgency, either contracting party may request provisional detention of charged or convicted person. application provisional detention shall made either through diplomatic channel or directly between department of justice of united states of america , ministerio de justicia of republic of costa rica .

(2) application shall contain information identifying person sought; location of person, if known; brief statement of facts of case; statement of existence of warrant of arrest or order of detention issued judicial authority, or judgment of conviction against person; , statement request extradition of person follow.

the charge fraud, not paying taxes....something irs investigating them for. thanks.


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