19
B.
The bilateral extradition treaty between Peru and the People’s Republic of China
66.
The bilateral extradition treaty between the People’s Republic of China and Peru
entered into force on November 5, 2001. The following are the relevant parts of that bilateral treaty:
Article 1
Obligation to extradite
Pursuant to the provisions of this Treaty and at the request of the other Contracting Party, each
Contracting Party is obligated to extradite to the other, any persons within its respective territory
whose extradition the other Contracting Party requests in order to criminally prosecute said
person or enforce a sentence already imposed.
Article 2
Extraditable offenses
1. Extradition shall be granted only when the offense is one punishable under the laws in both
Contracting Parties and meets any of the following conditions:
(a) when the extradition request is filed for purposes of prosecuting a person; when the penalty
to be imposed is deprivation of liberty for more than one year or a more severe penalty; or
(b) when the extradition request is filed in order to enforce a sentence; when the person sought
as of the date on which the extradition request is presented, has at least another six months to
serve on his prison term.
2. To determine whether an act is a crime under the laws of both Parties for purposes of
paragraph 1 of this article, it shall not matter whether the laws in the Contracting Parties place
the offense within a different category of offenses or describe the offense by different
terminology.
.
3. If the extradition request is for two or more acts that constitute crimes under the laws of both
Contracting Parties and at least one meets meet the minimum penalty requirement stipulated in
paragraph 1 of this article, the requested Contracting Party may grant extradition for all the acts
in question.
Article 3
Mandatory bases for denying extradition
Extradition shall be denied if:
(a) the requested Contracting Party considers that the crime for which extradition is sought is a
political crime, or the requested Contracting Party has granted asylum to the person whose
extradition is sought;
(b) the requested Contracting Party has sufficient reason to believe that the extradition request
was filed in order to persecute or punish the person whose extradition is sought based on his