SCHEDULE
Article 1
The High Contracting Parties engage to deliver up to each other, under certain circumstances and conditions stated in the present Treaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article 3, committed within the jurisdiction of the one Party, shall be found within the territory of the other Party.Article 2
(Not applicable.)Article 3
Extradition shall be reciprocally granted for the following crimes or offences when they are punishable in accordance with the laws of both the High Contracting Parties (that is to say, in Poland, in accordance with the laws of at least one of the Provinces of Poland)—1.Murder (including assassination, parricide, murder of relations, infanticide, poisoning), or attempt or conspiracy to murder.3.Administering drugs or using instruments with intent to procure the miscarriage of women.5.Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a girl under 16 years of age.7.Kidnapping or false imprisonment.8.Child stealing, including abandoning, exposing or unlawfully detaining.10.Procuration; that is to say, the offences enumerated in Articles 1 and 2 of the International Convention for the Suppression of the White Slave Traffic concluded at Paris on the 4th May, 1910.12.Maliciously wounding or inflicting grievous bodily harm.13.Threats, by letter or otherwise, with intent to extort money or other things of value.14.Perjury, or subornation of perjury.16.Burglary or housebreaking.17.Robbery with violence or menaces.18.Larceny or embezzlement.19.Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, or fraudulent conversion.20.Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.21.(a)Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.(b)Knowingly and without lawful authority making or having in possession any instrument, tool or engine adapted and intended for the counterfeiting or alteration of coin.22.Forgery or counterfeiting or altering, or uttering what is forged or counterfeited or altered; comprehending all crimes designated in the Polish laws as counterfeiting or falsification of paper money, bank-notes or other securities, forgery or falsification of other public or private documents likewise the uttering or bringing into circulation, or wilfully using such counterfeited, forged or falsified papers.23.Crimes against bankruptcy law.24.Any malicious act done with intent to endanger the safety of any persons travelling upon a railway or being upon a railway.26.Wrongfully sinking or destroying a vessel at sea or attempting to do so.27.Assault on a person on board a ship on the high seas with intent to inflict death or do grievous bodily harm.28.Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master.29.Dealing in slaves in such manner as to constitute a crime or offence against the laws of both States.Extradition is also to be granted for participation in any of the aforesaid crimes or offences, before, during or after the crime is committed: provided that such participation is punishable by the laws of both the High Contracting Parties (that is to say, in Poland, in accordance with the laws of at least one of the Provinces).Article 4
Each Party reserves the right to refuse or grant the surrender of its own subjects or citizens to the other Party.Article 5
The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under trial in the State applied to, for the crime or offence for which his extradition is demanded: provided that the discharge of the accused on the ground that the crime or offence was committed abroad shall constitute no hindrance to his subsequent extradition.If the person claimed should be under examination or under punishment in the State applied to for any other crime or offence, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.Article 6
Extradition shall not be granted if the accused has by lapse of time, in accordance with the laws of that part of the territories of the High Contracting Parties in which he is found, acquired exemption from prosecution or punishment with respect to the crime or offence for which his surrender is claimed.Article 7
A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for a crime or offence of a political character.Article 8
A person surrendered can in no case be kept in custody or be brought to trial in the State to which the surrender has been made for any other crime or offence, or on account of any other matters, than those for which extradition shall have taken place, until he has been restored, or has had an opportunity of returning to the State by which he has been surrendered (whether he has made use of this opportunity or not) or else until having returned there he reappears in the country to which he has been previously surrendered.This stipulation does not apply to crimes or offences committed after the extradition.Article 9
Subject to the provisions of Articles 19 and 20, the requisition for extradition shall be presented by the diplomatic agent of the High Contracting Party requiring the extradition to the Secretary of State or Minister for Foreign Affairs of the High Contracting Party applied to.The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence, as, according to the laws of the place where the accused is found, would justify his arrest if the crime or offence had been committed there.If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent court of the State that makes the requisition for extradition.A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.Article 10
If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.Article 11
In urgent cases a criminal fugitive may be apprehended under a warrant issued by any police magistrate, justice of the peace, or other competent authority in either State, on such information or complaint, and such evidence, or after such proceedings, as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime or offence had been committed or the person convicted in that part of the dominions of the two Contracting Parties in which the magistrate, justice of the peace, or other competent authority exercises jurisdiction. He shall, in accordance with this Article, be discharged if within the term of thirty days a requisition for extradition shall not have been made by the diplomatic agent of the other State in accordance with the stipulations of this Treaty.Article 12
Extradition shall take place only if the evidence be found sufficient, according to the laws of the State applied to, (a) either to justify the committal of the prisoner for trial, in case the crime or offence had been committed in the territory of the same State, or (b) to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition, and that the crime or offence of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to.No criminal shall be surrendered until after the expiration of fifteen days from the date of his committal to prison to await the warrant for his surrender.Article 13
In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, or copies thereof, and certificates of, or judicial documents stating the fact of a conviction, provided the same are authenticated as follows—1.A warrant, or copy thereof, must purport to be signed by a judge, magistrate, or officer of the other State, or purport to be certified under the hand of a judge, magistrate or officer of the other State to be a true copy thereof, as the case may require.2.Depositions or affirmations, or the copies thereof, must purport to be certified, under the hand of a judge, magistrate, or officer of the other State, to be the original depositions or affirmations, or to be true copies thereof, as the case may require.3.A certificate of, or judicial document stating the fact of a conviction must purport to be certified by a judge, magistrate, or officer of the other State.In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated, either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of the other State, or by any other mode of authentication for the time being permitted by the law of the State to which the application for extradition is made.Article 14
If the extradition of an individual is claimed by one of the High Contracting Parties in pursuance of the present Treaty and his extradition is also claimed by one or more other States, the State applied to shall in its absolute discretion determine to which State the extradition shall be granted.Article 15
If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper tribunal thereof, shall direct, the fugitive shall be set at liberty.Article 16
All articles seized which were in the possession of the person to be surrendered at the time of his apprehension and any articles that may serve as a proof of the crime or offence shall be given up when the extradition takes place, in so far as this may be permitted by the law of the State granting the extradition.Article 17
Each of the High Contracting Parties shall defray the expenses occasioned by the arrest within its territories, the detention, and the conveyance to its frontier, of the persons whom it may have consented to surrender in pursuance of the present Treaty.
