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ARTICLE IV

The contracting parties shall not be obliged to deliver their nationals; but they must try them for the infractions of the penal code committed in any of the other republics. The respective Governments must communicate the corresponding proceedings, reports of investigations, and documents, and deliver the articles which constitute the corpus delicti, furnishing everything that may contribute to the elucidation needed for the expedition of the trial. This having been done, the case shall be prosecuted until its determination, and the Government of the country of the trial shall inform the other of the final result.

ARTICLE V

If the individual whose extradition is sought should have been indicted or should have been found guilty in the country of his asylum for a crime committed therein, he shall not be delivered except after having been acquitted by a final judgment, and in case of his conviction after he has served the sentence or has been pardoned.

ARTICLE VI

If the fugitive whose extradition is requested by one of the contracting parties should also be sought by one or more Governments he shall be delivered preferably to the one first making the requisition.

ARTICLE VII

Request for the delivery of fugitives shall be made by the respective diplomatic agents of the contracting parties, and, in default of the latter, by consular officers.

In urgent cases the provisional detention of the accused may be requested by means of telegraphic or postal communication, addressed to the Ministry of Foreign Affairs, or through the respective diplomatic agent, or in his absence, through the consul. The provisional arrest shall be made according to the rules established by the laws of the country of which extradition is requested; but shall cease if the request for extradition has not been formally presented within the term of one month following the arrest.

ARTICLE VIII

The request for extradition shall specify the proof or presumptive evidence which, by the laws of the country wherein the crime has been committed, shall be sufficient to justify the apprehension and commitment of the accused. The judgment, indictment, warrant of arrest, or any other equivalent document shall also accompany

the same; and the nature and gravity of the acts charged and the provisions of the penal codes which are applicable thereto must be indicated. In case of flight after having been found guilty and before serving the entire sentence, the request for extradition shall express the circumstance and shall be accompanied only by the judgment.

ARTICLE IX

The proper authority shall apprehend the fugitive, in order that he may be brought before the competent judicial authority for examination. Should it be decided, according to the laws and the evidence presented, that the surrender can be carried out in conformity with this convention, the fugitive shall be delivered in the manner prescribed by law in such cases.

The country seeking extradition shall take the necessary measures to receive the accused within one month from the date when the latter shall have been placed at its disposal, and if said Government should fail to do so, the aforesaid accused may be released.

ARTICLE X

The person delivered cannot be tried nor punished in the country to which his extradition has been granted, nor delivered to a third country, for a crime not included in this convention, and committed. before his surrender, unless the Government which makes the surrender consents to the trial, or to the delivery to said third nation. Nevertheless this consent shall not be necessary:

1. When the accused may voluntarily have requested that he be tried or delivered to the third nation;

2. When he may have been at liberty to leave the country for 30 days, after his release on the ground of the lack of foundation in the charge for which he was surrendered, or, in case of conviction, a term of 30 days after serving his sentence or obtaining a pardon.

ARTICLE XI

The expenses of arrest, maintenance, and travel of the extradited person, as well as of the delivery and transportation of the articles which, because of their connection with the crime, have to be returned or forwarded, shall be borne by the Government seeking extradition.

ARTICLE XII

All the objects found in the possession of the accused and obtained through the commission of the act of which he is accused, or that may serve as evidence of the crime on account of which extradition is requested, shall be confiscated and delivered with his person upon

order of competent authority of the country from which extradition is sought. Nevertheless the rights of third parties concerning these articles shall be respected, and delivery thereof shall not be made until the question of ownership has been determined.

ARTICLE XIII

In all cases of detention the fugitive shall be acquainted within the term of 24 hours with the cause thereof, and notified that he may, within a period not to exceed 3 days counted from the one following that of the notification, oppose extradition, by alleging :

1. That he is not the person claimed;

2. Substantial defects in the documents presented; and
3. The inadmissibility of the request of extradition.

ARTICLE XIV

In cases where it is necessary to prove the facts alleged, evidence shall be taken, in full observance of the provisions of the law of procedure of the republic of which extradition is requested. The evidence having been produced, the matter shall be decided without further steps, within the period of 10 days, and it shall be declared whether or not the extradition shall be granted. Against such a decision, and within 3 days following notification thereof, the legal remedies of the country of asylum may be invoked.

ARTICLE XV

The present convention shall take effect with respect to the parties that have ratified it, from the date of its ratification by at least three of the signatory states.

ARTICLE XVI

The present Convention shall remain in force until the 1st of January 1945, regardless of any prior denunciation, or any other cause. From the 1st of January 1945, it shall continue in force until one year after the date on which one of the parties bound thereby notifies the others of its intention to denounce it. The denunciation of this convention by one or two of said contracting parties shall leave it in force for those parties which have ratified it and have not denounced it, provided that these be no less than three in number. Should two or three states bound by this convention form a single political entity, the same convention shall be in force as between the new entity and the republics bound thereby which have remained separate, provided these be no less than two in number. Any of the republics of Central America which should fail to ratify this convention, shall have the right to adhere to it while it is in force.

ARTICLE XVII

The exchange of ratifications of the present convention shall be made through communications addressed by the Governments to the Government of Guatemala in order that the latter may inform the other contracting states. If the Government of Guatemala should ratify the convention, notice of said ratification shall also be communicated to the others.

ARTICLE XVIII

When the present convention becomes effective the one celebrated in the city of Washington on February 7, 1923, on the same subject will cease to be in effect.

Signed in the city of Guatemala on the 12th day of April 1934.

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RECENT PUBLICATIONS

During May, the following publication of direct interest in connection with Treaty Information was released by the Department of State and may be secured from the Superintendent of Documents, Government Printing Office, Washington, D.C.:

Friendship, Commerce, and Consular Rights: Declaration by
which the Free City of Danzig Becomes a Contracting
Party to the Treaty of June 15, 1931, between the United
States of America and Poland (Treaty Series, No. 862).
Signed March 9, 1934; effective March 24, 1934. (Treaty
Series, No. 865.) 2 pp. 5¢.

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