14 ARTICLE 515 - Nature of the Supreme Court’s advisory decision 1. When the Criminal Chamber of the Supreme Court issues an advisory decision counseling against extradition, the Government must comply. 2. If the advisory decision is favorable to extradition, or believes that extradition should be requested of a foreign country, the Government may decide what course of action it deems appropriate. ARTICLE 516 – Sphere of application.1. A person on trial for, accused or convicted of being the author of or accomplice to a crime committed in a foreign country and who is within the national territory, either as a resident, a tourist or in transit, may be extradited to be investigated or stand trial or to serve a sentence imposed in the convicted person’s presence. 2. The granting of extradition is conditional on the existence of guarantees of the fair administration of justice in the requesting State and on whether the requesting State has had a prior request for extradition turned down by a third State on the grounds that it was politically motivated. The Attorney General’s Office and the Ministry of Foreign Affairs may report on whether there are any questions or background on the requesting State in this regard. ARTICLE 517 - Refusal to extradite.1. Extradition shall not be allowed if the act or omission does not constitute a crime both in the requesting State and in Peru and unless the penalty set under both bodies of law is imprisonment for one year or more. If extradition is sought for a number of crimes, only one of those crimes must satisfy this condition to allow extradition with respect to the other crimes named in the request. 2. Extradition shall not be allowed if any of the following conditions are present: a) The requesting State has neither the jurisdiction nor the competence to prosecute the crime; b) The person whose extradition is sought has already been acquitted, convicted, pardoned, or granted amnesty or any other equivalent clemency; c) The statute of limitations for prosecuting or punishing the crime under Peru’s domestic laws or the laws of the requesting State has expired, provided the latter does not exceed the statute of limitations under Peruvian law; d) The person whose extradition is sought would face a special tribunal in the requesting State or the proceeding which said person would undergo does not meet the international standards for due process; e) The crime is exclusively military in nature, is anti-religion, is based on politics or related thereto, is based on the practice of journalism or for expressing one’s opinion. The fact that the victim of the punishable offense is a public servant shall not, by itself, be sufficient to classify the crime as political in nature. The fact that the person whose extradition is sought was a public servant shall not be sufficient to classify the offense as political in nature. Furthermore, acts of terrorism, crimes against humanity and those crimes with respect to which Peru has undertaken an international convention-based obligation to extradite or prosecute, shall not be classified as political crimes; f) The crime can be prosecuted at the request of a party and if the offense constitutes a misdemeanor, and g) The crime is tax-related, except when the crime is committed by filing a deliberately false tax declaration or through a deliberate omission calculated to conceal the proceeds of any other crime. 3. Nor shall extradition be ordered when: a) The extradition request, which is based on a violation under ordinary criminal law, has been presented for the purpose of persecuting or punishing a individual based on race, religion,