Extradition Act 1992 (Act 479) & Akta Ekstradisi 1992 (Akta 479)
Extradition Act 1992 (Act 479)
(As At 10th March 2007)
Detailed Contents Of Extradition Act 1992 (Act 479) :
The Extradition Act 1992 (Act 479) is a Malaysian law that provides for the extradition of persons who are accused or convicted of an offence committed outside Malaysia. The Act provides the legal framework for the extradition process, which involves the transfer of a fugitive from one jurisdiction to another to face trial or punishment for a crime.
Here are some key features of the Extradition Act 1992:
Definition of an extraditable offence: The Act defines an extraditable offence as any offence that is punishable under the laws of both Malaysia and the requesting country, and carries a minimum penalty of one year's imprisonment. However, certain offences, such as political offences or offences that are considered to be prejudicial to the security or interests of Malaysia, are not extraditable.
Request for extradition: The Act sets out the procedures for making a request for extradition. A request must be made in writing by the requesting country and must contain certain information, such as the identity of the person sought, the offence for which extradition is requested, and the evidence supporting the request.
Arrest and detention: Once a request for extradition is received, the Malaysian authorities may issue a warrant for the arrest of the person sought. The person may be detained in custody pending the extradition proceedings.
Extradition hearing: The Act provides for a hearing to be held to determine whether the person sought should be extradited. The hearing is held in a court of law and the person sought has the right to legal representation. The court will consider whether the offence is an extraditable offence and whether there are any grounds for refusing extradition, such as the possibility of the person being subjected to torture or the death penalty in the requesting country.
Surrender: If the court decides that the person should be extradited, the Minister of Home Affairs will decide whether to surrender the person to the requesting country. The person may appeal against the decision to surrender.
Conditions of extradition: The Act provides for certain conditions to be attached to the extradition, such as a requirement that the person will not be subjected to the death penalty or that the person will be returned to Malaysia after serving their sentence in the requesting country.
The Akta Ekstradisi 1992 is the Malay language version of the Extradition Act 1992. It has the same provisions as the English version and provides for the extradition of persons from Malaysia to other countries and from other countries to Malaysia. The Akta Ekstradisi 1992 is an important tool for international cooperation in the fight against crime and is used by Malaysia to extradite fugitives from other countries and to bring fugitives in Malaysia to justice in other countries.
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