the date set for surrender, if the international treaties to which the Republic of Moldova is a party do
not provide more favourable conditions for this person. The extradition of the person for the same
deed after the expiration of the stated terms may be refused.
4.14.
Refusal of extradition
Extradition will be refused if:
the person, whose extradition is requested, holds the citizenship of the Republic of Moldova;
the person, whose extradition is requested, has been granted the right of asylum on the
territory of the Republic of Moldova;
the crime was committed on the territory of the Republic of Moldova;
in respect of that person, a national court or a court of a third State has already given a
judgment condemning, acquitting or terminating the criminal proceedings for the offense for
which the extradition is requested, or an order of the criminal prosecution body about
termination of the trial or regarding this deed, the criminal investigation is carried out by the
national bodies;
the limitation period for criminal prosecution for the respective offense has been met,
according to the national legislation, or the amnesty has intervened;
according to the law, the criminal investigation can be initiated only upon the prior
complaint of the victim, but such a complaint is missing;
the crime for which the extradition of the person is requested is considered by the national
law a political crime or an act related to such a crime;
the Prosecutor General, the Minister of Justice or the court handling the extradition has good
reason to believe that:
the request for extradition was made in order to prosecute or punish a person on grounds of
race, religion, sex, nationality, ethnic origin or political opinion;
the situation of this person risks being aggravated for reasons of race, religion, sex,
nationality, ethnic origin or political opinions;
if the person is extradited, he / she will be subjected to torture, inhuman or degrading
treatment or will not have access to a fair trial in the requesting country;
the state requesting extradition does not ensure reciprocity in the sphere of extradition.
If the act for which extradition is requested is punishable by the law of the requesting country with
the death penalty, the extradition of the person may be refused, if the requesting party does not give
assurances, considered sufficient, that the death penalty will not be applied to the extraditable
person under criminal prosecution or conviction.
If the Republic of Moldova refuses extradition, at the request of the requesting state, the possibility
of taking over the criminal investigation activity against the person as a citizen of the Republic of
Moldova or stateless person shall be examined.
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