OFFICIAL DOCUMENTS EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND BULGARIA 1 Signed at Sofia, May 19, 1924; ratifications exchanged at Sofia, June 24, 1924 The United States of America and Bulgaria desiring to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the two countries and have appointed for that purpose the following plenipotentiaries: The President of the United States of America, Charles S. Wilson, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Bulgaria, and His Majesty, the King of the Bulgarians, Christo Kalfoff, Minister for Foreign Affairs and Worship of Bulgaria. Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I It is agreed that the Government of the United States and the Government of Bulgaria shall, upon requisition duly made as herein provided, deliver up to justice any person, who may be charged with, or may have been convicted of, any of the crimes specified in Article II of the present treaty committed within the jurisdiction of one of the high contracting parties, and who shall seek an asylum or shall be found within the territories of the other; provided that such surrender shall take place only upon such evidence of criminality, as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had been there committed. ARTICLE II Persons shall be delivered up according to the provisions of the present treaty, who shall have been charged with or convicted of any of the following crimes: 1. Murder, comprehending the crimes designated by the terms parricide, assassination, manslaughter when voluntary, poisoning or infanticide. 2. The attempt to commit murder. 3. Rape, abortion, carnal knowledge of children under the age of twelve years. 1 U. S. Treaty Series, No. 687. 4. Abduction or detention of women or girls for immoral purposes. 5. Bigamy. 6. Arson. 7. Wilful and unlawful destruction or obstruction of railroads, which endangers human life. 8. Crimes committed at sea: (a) Piracy, as commonly known and defined by the law of nations, or by statute; (b) Wrongfully sinking or destroying a vessel at sea or attempting to do so; (c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the captain or commander of such vessel, or by fraud or violence taking possession of such vessel; (d) Assault on board ship upon the high seas with intent to do bodily harm. 9. Burglary, defined to be the act of breaking into and entering the house of another in the night time with intent to commit a felony therein. 10. The act of breaking into and entering the offices of the government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance and other companies, or other buildings not dwellings with intent to commit a felony therein. 11. Robbery, defined to be the act of feloniously and forcibly taking from the person of another goods or money by violence or by putting him in fear. 12. Forgery or the utterance of forged papers. 13. The forgery or falsification of the official acts of the government or public authority, including courts of justice, or the uttering or fraudulent use of any of the same. 14. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by national, state, provincial, territorial, local or municipal governments, bank notes or other instruments of public credit, counterfeit seals, stamps, dies and marks of State or public administrations, and the utterance, circulation or fraudulent use of the above mentioned objects. 15. Embezzlement or criminal malversation committed within the jurisdiction of one or the other party by public officers or depositaries, where the amount embezzled exceeds one hundred dollars or Bulgarian equivalent 16. Embezzlement by any person or persons hired, salaried or employed, to the detriment of their employers or principals, when the crime or offense is punishable by imprisonment or other corporal punishment, by the laws of both countries, and where the amount embezzled exceeds one hundred dollars or Bulgarian equivalent. 17. Kidnapping of minors or adults, defined to be the abduction or deten tion of a person or persons, in order to exact money from them, their families or any other person or persons, or for any other unlawful end. 18. Larceny, defined to be the theft of effects, personal property, or money, of the value of twenty-five dollars or more, or Bulgarian equivalent. 19. Obtaining money, valuable securities or other property, by false pretences or receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds one hundred dollars or Bulgarian equivalent. 20. Perjury or subornation of perjury. 21. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director or officer of any company or corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappropriated exceeds one hundred dollars or Bulgarian equivalent. 22. Crimes and offenses against the laws of both countries for the suppression of slavery and slave trading. 23. Wilful desertion or wilful non-support of minor or dependent children. 24. Extradition shall also take place for participation in any of the crimes before mentioned as an accessory before or after the fact; provided such participation be punishable by imprisonment by the laws of both the high contracting parties. ARTICLE III The provisions of the present treaty shall not import a claim of extradition for any crime or offense of a political character, nor for acts connected with such crimes or offenses; and no person surrendered by or to either of the high contracting parties in virtue of this treaty shall be tried or punished for a political crime or offense. When the offense charged comprises the act either of murder or assassination or of poisoning, either consummated or attempted, the fact that the offense was committed or attempted against the life of the sovereign or head of a foreign state or against the life of any member of his family, shall not be deemed sufficient to sustain that such crime or offense was of a political character; or was an act connected with crimes or offenses of a political character. ARTICLE IV No person shall be tried for any crime or offense other than that for which he was surrendered. ARTICLE V A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the place within the jurisdiction of which the crime was committed, the criminal is exempt from prosecution or punishment for the offense for which the surrender is asked. ARTICLE VI If a fugitive criminal whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out on bail or in custody, for a crime or offense committed in the country where he has sought asylum, or shall have been convicted thereof, his extradition may be deferred until such proceedings be determined, and until he shall have been set at liberty in due course of law. ARTICLE VII If a fugitive criminal claimed by one of the parties hereto, shall be also claimed by one or more powers pursuant to treaty provisions, on account of crimes committed within their jurisdiction, such criminal shall be delivered to that state whose demand is first received. ARTICLE VIII Under the stipulations of this treaty, neither of the high contracting parties shall be bound to deliver up its own citizens. ARTICLE IX The expense of arrest, detention, examination and transportation of the accused shall be paid by the government which has preferred the demand for extradition. ARTICLE X Everything found in the possession of the fugitive criminal at the time of his arrest, whether being the proceeds of the crime or offense, or which may be material as evidence in making proof of the crime, shall so far as practicable, according to the laws of either of the high contracting parties, be delivered up with his person at the time of surrender. Nevertheless, the rights of a third party with regard to the articles referred to, shall be duly respected. ARTICLE XI The stipulations of the present treaty shall be applicable to all territory wherever situated, belonging to either of the high contracting parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the high contracting parties. In the event of the absence of such agent from the country or its seat of government, or where extradition is sought from territory included in the preceding paragraphs, other than the United States or Bulgaria, requisitions may be made by superior consular officers. It shall be competent for such diplomatic or |