CATEGORY OF OFFENSE

- CRIMES AGAINST NATIONAL SECURITY

- CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
- CRIMES AGAINST PUBLIC ORDER
- CRIMES AGAINST PUBLIC INTEREST
- CRIMES AGAINST PUBLIC MORALS
- CRIMES AGAINST PERSONS
- CRIMES AGAINST LIBERTY AND SECURITY
- CRIMES AGAINST PROPERTY
- CRIMES AGAINST CHASTITY
- CRIMES AGAINST THE CIVIL STATUS OF THE PERSONS
- CRIMES AGAINST HONOR

BOOK TWO REVISED PENAL CODE

POLITICAL OFFENSE

DIFFERENCE OF ORDINARY LAW AND MILITARY LAW

CAPITAL PUNISHMENT

- Philippines does not have death penalty

 -
- Australia abolished death penalty
- Indonesia has death penalty

DUAL CITIZEN

PROVISIONAL ARREST

INTERPOL
UNITED STATES OF AMERICA

BASIC PRINCIPLES

- Extraditable offenses are offenses that are Punishable under the laws in both states by
deprivation of liberty for more than one (1) year or a more severe penalty
- Attempt or a conspiracy to commit, aiding or abetting, or being an accessory to any extraditable
offense.
- If requesting state has death penalty for the offense, requested state may refuse extradition if
they don’t have death penalty
- Unless requesting state assures requested state that death penalty will not be carried out
- Extradition cannot be refused if the person sought is a national of the requested state

EXCEPTIONS

- Political Offenses
- Military offense
- If the request is politically motivated
- Prior prosecution
- If the offense is punishable by death requested state may refuse extradition

PROCEDURE

- All requests for extradition shall be submitted through the diplomatic channel
- All requests for extradition shall be supported by:
a. Documents, statements, or information that describes the identity and probable location of
person sought
b. Statement of the facts of the offense
c. Statement of the provisions of the law describing the essential elements of the offense
d. Statement of the provisions of the law describing the punishment for the offense
e. Statement of the provisions of the law describing any time limit on prosecution
f. Documents or other types of information
- Accompanied by such evidence, that would provide probable cause for arrest and commital for
trial
- A request for extradition relating to a person who has been convicted of the offense

SURRENDER

- Requested state shall notify the requesting state of its decision on the request for extradition
- If it is denied, the requested state shall provide reason for denial.
- Authorities of the contracting parties shall agree on the time and place for the surrender
- If the person is not removed from the territory of requested state, the person may be
discharged from custody, and requested state may refuse extradition for the same offense

RULE OF SPECIALITY

- A person extradited under this treaty may not be detained or punished in the requesting state
except for:
A. Offense for which extradition has been granted
B. Offense commited after the extradition of the person
C. Offense for which executive authority of the requested state consents to the persons detention
or punishment
- A person may not be extradited to a third state for an offense committed prior to his surrender
unless the surrendering state consents.
AUSTRALIA

BASIC PRINCIPLES

- Punishable under the laws of both states by imprisonment of at least one (1) year or a more
severe penalty.
- When person sought is a convict, extradition shall be granted only if 6 months are left to be
served
- If the offence for which the extradition is requested is punishable by death under the laws of the
requesting state
- Unless requesting state undertakes that death penalty will not be carried out.
- If the offence has been committed outside the territory of the Requesting State, extradition shall
be granted where the laws of the Requested State provide for the punishment of an offence
committed outside its territory in similar circumstances.
- Where the laws of the Requested State do not so provide, the Requested State may, in its
discretion, refuse extradition

EXCEPTIONS

- Political offense
- Military offense
- Extradition may be refused if the person requested is a national of the requested state
- Not granted if request is motivated by race, religion, nationality, or political belief
- If final judgement has been passed in requested state
- If the offense is an offense which carries a punishment of the kind described in article 7 of the
ICCPR
- If extradition is deemed inhumane to a person sought who is of old age

PROCEDURE

- A request for extradition shall be made in writing and shall be communicated through the
diplomatic channel.
- Request for extradition shall be accompanied if:
a. if the person is accused of an offence - by a warrant for the arrest or a copy of the warrant for
the arrest of the person
b. if the person has been convicted in that person's absence of an offence - by a judicial or other
document,
c. if the person has been convicted of an offence otherwise than in that person's absence - by
documents evidencing the conviction and the sentence imposed
d. if the person has been convicted of an offence otherwise than in that person's absence but no
sentence has been imposed - by documents evidencing the conviction and a statement affirming
that it is intended to impose a sentence;
e. in all cases - by a statement of the relevant law creating the offence, including any provision
relating to the limitation of proceedings and a statement of the penalty that can be imposed for
the offence;
 f. in all cases - by a description as accurate as possible of the person sought together with any
other information which may help to establish the person's identity, nationality and
whereabouts

SURRENDER

- The Requested State shall surrender the person from a point of departure in its territory
convenient to the Requesting State.
- Requesting State shall remove the person from the Requested State within such reasonable
period as the Requested State specifies
- if the person is not removed within that period, the Requested State may refuse to extradite
that person for the same offence

RULE OF SPECIALTY

- A person who has been extradited shall not be prosecuted, sentenced or detained for any
offence committed prior to surrender other than that for which the person was extradited
except in the following cases:
A. when the Requested State consents
B. when the person has had an opportunity to leave the Requesting State has not done so within
forty-five (45) days of the final discharge.
INDONESIA

BASIC PRINCIPLES

- Extraditable offenses are:

1. Murder, parricide, infanticide, homicide
2. Rape, indecent assault
3. Abduction
4. Mutilation
5. Illegal or arbitrary detention
6. Slavery
7. Robbery
8. Estafa
9. Extortion
10. Bribery
11. Falsification; perjury
12. Forgery
13. Smuggling
14. Arson
15. Hijacking
16. Crimes against the laws relating to firearms, explosives, or incendiary devices
- The offense must be punishable by imprisonment of more than one year
- Shall be granted to participation in any of the crimes mentioned; accomplices, accessories,
attempt to commit
- If the crime for which extradition is requested is punishable by death under the law of
requesting party. Extradition may be refused unless the requesting party gives such assurance
that death penalty will not be carried out
- Each party shall have the right to refuse extradition of nationals
- The requested Party may refuse to extradite a person claimed for a crime which is regarded by
its laws
- as having been committed in whole or in part in its territory or in a place treated as its territory.

EXCEPTIONS

- When the person whose surrender is sought and has been tried and acquitted
- Barred by prescription or lapse of time of either of the contracting parties
- Crime constitutes an infraction against military law
- Political crimes

PROCEDURE

- The procedure with regard to extradition and provisional arrest of the person requested to be
extradited shall be governed solely by the law of the requested Party.
SURRENDER

- The requested Party shall inform the requesting Party through the diplomatic channels of its
decision
- Reasons shall be given for any rejection
- If the request is agreed to, the requesting Party shall be informed of the place and date of
- surrender and of the length of time for which the person claimed was detailed with a view to
surrender
- Article, if the person claimed has not been taken over on the appointed date, he may be
released after the expiry of 15 days and shall in any case be released after the expiry of 30 days
 USA AUS IND
EXTRADITABLE - Punishable - Punishable 1. Murder,
OFFENSES under the laws under the laws parricide,
in both states of both states infanticide,
by deprivation by homicide
of liberty for imprisonment 2. Rape, indecent
more than one of at least one assault
(1) year or a (1) year or a 3. Abduction
more severe more severe 4. Mutilation
penalty penalty. 5. Illegal or
- Attempt or a - When person arbitrary
conspiracy to sought is a detention
commit, aiding convict, 6. Slavery
or abetting, or extradition 7. Robbery
being an shall be 8. Estafa
accessory to granted only if 9. Extortion
any 6 months are 10. Bribery
extraditable left to be 11. Falsification;
offense served perjury
- - 12. Forgery
13. Smuggling
14. Arson
15. Hijacking
16. Crimes against
the laws
relating to
firearms,
explosives, or
incendiary
devices
- Shall be
granted to
participation in
any of the
crimes
mentioned;
accomplices,
accessories,
attempt to
commit
POLITICAL AND - Not granted - Not granted - Shall not be
MILITARY OFFENSE - Not granted if - granted if the
the request is crime in
politically respect of
 motivated which it is
- Taking the life requested is
of a head of a regarded by
state is not the requested
political party as a
offense political crime
- Attempt at
taking of the
life of the head
of state shall
not be deemed
as political
crime
PRIOR PROSECUTION - Not granted
when person
sought has
been convicted
int the
requested
state
- Extradition
Shall not be
precluded if
the authorities
of the
requested
state decided
not to
prosecute the
person for the
acts
CAPITAL PUNISHMENT - If requesting - If the offence - If the crime for
state has death for which the which
penalty for the extradition is extradition is
offense, requested is requested is
requested punishable by punishable by
state may death under death under
refuse the laws of the the law of
extradition if requesting requesting
they don’t have state party.
death penalty - Unless Extradition
- Unless requesting may be refused
requesting state unless the
state assures undertakes requesting
requested that death party gives
state that penalty will not such assurance
death penalty be carried out. that death
will not be penalty will not
 carried out be carried out
-
EXTRADITION OF - Extradition - Extradition - Each party shall
NATIONALS cannot be may be refused have the right
refused if the if the person to refuse
person sought requested is a extradition of
is a national of national of the nationals
the requested requested -
state state
PROVISIONAL ARREST - Contracting - In case of
may request urgency, the
the provisional requesting
arrest of the party may
person sought request the
provisional
arrest of the
person sought.
- Provisional
arrest may be
terminated if,
within a period
of 20 days after
arrest, the
requested
party has not
received the
request for
extradition
- Release from
provisional
arrest shall not
prejudice
rearrest and
extradition
SURRENDER - Requested - Requesting
state shall state shall
promptly notify remove the
the requesting person from
state of its the requested
decision on the state within
request for such
extradition reasonable
- If request is period
denied, -
requested
state shall
provide
 reasons
- granted
authorities
shall agree on
time and place
of the
surrender
REQUESTS BY MORE - To make the - Requested
THAN ONE STATE decision on state shall
which state to determine to
extradite for which of those
request by states the
more than one person is to be
state, extradited
requested - To determine
state shall where,
consider all requested
relevant state shall have
factors: regard to
(a) Requests were relevant
made pursuant circumstances,
to a treaty and in
(b) Place where particular to:
offense was a. Requests
committed related to
(c) Respective different
interests of offences-
requesting relative
states seriousness of
(d) Gravity of the the offence
offense b. Time and place
(e) Nationality of commission
(f) Possibility of of each offence
further c. Respective
extradition dates of the
(g) Chronological requests
order of d. Nationality
requests e. Habitual place
of residence
RULE OF SPECIALITY - Person - Person who - Person who
extradited may has been has been
not be extradited shall extradited shall
detained in the not be not be
requesting prosecuted, prosecuted,
state except prior to prior to
for: surrender surrender
(a) Offense for other than that other than that
which for which the for which the
 extradition has person was person was
been granted extradited extradited
(b) Offense except: except:
committed a. When the - When the
after the requested requested
extradition of state consents state consents
the person b. When the - When the
(c) Offense for person has had person has had
which the an opportunity an opportunity
requested to leave the to leave the
state consents requesting requesting
to the person’s state and has state and has
detention not done so not done so
- Person within 45 day within 45 day
extradited of the final of the final
under the discharge discharge
treaty may not
be extradited
to a third state
TRANSIT -
EXCEPTION TO - Not granted if - When the
EXTRADITION request is person whose
motivated by surrender is
race, religion, sought and has
nationality, or been tried and
political belief acquitted
- If final - Barred by
judgement has prescription or
been passed in lapse of time of
requested either of the
state contracting
- If the offense is parties
an offense - Crime
which carries a constitutes an
punishment of infraction
the kind against military
described in law
article 7 of the
ICCPR
- If extradition is
deemed
inhumane to a
person sought
who is of old
age

DOUBLE JEOPARDY - Extradition

 shall not also
be granted in
any of the
following:
a. Final judgment
has been
passed by the
competent
authorities of
the requested
party
b. When the
person whose
surrender is
sought is being
or has been
tried and
discharged or
punished by
the requested
state