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Tianshui is a city in Gansu Province and follows national rules on extradition. In China, extradition matters are governed by a combination of the Extradition Law and related international treaties to which China is a party. Local practice in Tianshui aligns with central policy and is implemented through national and provincial authorities.
Key concepts used in China’s extradition framework include the principle of double criminality, the non-extradition of political offenses, and protections for human rights. The decision-making process involves both domestic law and international cooperation agreements with other states. Final determinations typically involve national-level authorities beyond the local level.
Extradition requests are governed by national law and international treaties to which China is a party, with double criminality and non extradition for political offenses as standard requirements.
Source: National People's Congress
Extradition cases in Tianshui can become complex quickly. A local extradition attorney can help you navigate procedural requirements and protect your rights from the outset.
Engaging a competent legal counsel early helps preserve your rights, preserves evidence, and improves communication with authorities. An extradition attorney in Tianshui can also help with cross-border evidence collection and coordinating with provincial and national agencies.
China operates a national framework for extradition, with practice implemented through central and provincial authorities. The following are commonly cited instruments in extradition practice and provide the basis for how cases are handled in Tianshui and Gansu Province.
Extradition Law of the People’s Republic of China (2000) - This law sets the general framework for extradition between China and other states, including requirements such as double criminality and exclusions for political offenses. It is the cornerstone for cross-border cooperation in criminal matters.
Criminal Procedure Law of the People’s Republic of China (amended periods relevant to cross-border cooperation) - This law governs criminal procedure, including how extradition requests are processed, notices to defendants, and roles of courts and procuratorates in extradition matters. Recent amendments have clarified procedural protections for defendants in international cooperation scenarios.
Law on Judicial Assistance in Criminal Matters (international mutual legal assistance) - This instrument governs cooperation in criminal matters beyond extradition, including evidence gathering and the transfer of documents. It supports China’s broader international cooperation framework used in extradition cases.
Note: Local application in Tianshui follows these national frameworks, with the Tianshui Intermediate People’s Court and related provincial bodies participating in the process under central supervision. For precise articles and current interpretations, consult official sources at the Ministry of Justice and the Supreme People’s Court.
For official explanations of these instruments, see:
The Extradition Law provides the framework for requesting and granting extradition between China and other countries. In Tianshui, courts and prosecutors apply this law through national procedures and treaties. A formal extradition decision usually requires central approval.
Requests start with a formal foreign authority submitting a request to Chinese ministries. Local authorities in Tianshui coordinate with provincial and national bodies, and final decisions come from higher courts or ministries. Timelines vary by case complexity and treaty obligations.
Double criminality means the alleged offense must be a crime in both jurisdictions. If a Chinese authority cannot prove the act is criminal domestically, extradition is unlikely. This principle helps protect local residents in international cases.
Extradition typically excludes political offenses. For the death penalty, Chinese practice often requires assurances that the death penalty will not be imposed or executed. Each case depends on the treaty and national policy.
Timeline depends on treaty scope, evidence, and case complexity. A straightforward case may take several months, while more complex matters can extend to a year or longer. Local delays are possible if additional documents are needed.
Yes. A local extradition attorney can help assess treaty grounds, gather admissible evidence, and communicate with authorities. They can also prepare defense strategies and protect your rights during proceedings.
Costs vary by case, attorney experience, and service level. Typical fees include consultation, document review, and court appearances. Ask for a written retainer agreement and milestone billing.
Do not discuss the case without a lawyer. Request a translator if needed and ask for written notices. Contact a licensed extradition attorney in Tianshui to review the request and respond appropriately.
The Supreme People’s Court coordinates and approves major extradition decisions at the national level. Local courts submit recommendations and relevant materials for the central authorities to review.
Appeals and remedies may be available through statutory channels. In some cases, asylum or asylum-related relief could be pursued if applicable. Consult a qualified lawyer to determine the best strategy for your situation.
Extradition transfers a person for trial or punishment. Mutual legal assistance covers sharing evidence, documents, and investigative cooperation without surrendering a person. Both are part of cross-border criminal cooperation.
Defendants generally retain rights to legal counsel, access to evidence, and representations for defense. A lawyer can file petitions or defenses to challenge the request or its scope under Chinese law and treaty terms.
These official sources provide authoritative information on extradition and international criminal cooperation in China.
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