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ARTICLE 5
TEMPORARY AND DEFERRED SURRENDER
(1) If the request for surrender is made in respect of
person who is serving a sentence in accordance with
the laws of the requested Party, that Party
Party may
temporarily surrender such person to the requesting
Party for the purpose of prosecution.
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(2) If the request for surrender is made in respect of
a person who is being proceeded against by the requested
Party, the requested Party
(3)
(a)
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shall proceed with the proceedings for
surrender after the prosecution against such
person has been concluded and he is
acquitted; or
(b) may, if such person is convicted and
sentenced to imprisonment proceed with the
proceedings for surrender and upon his
committal, temporarily surrender that person
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to the requesting Party for the purpose of
prosecution.
Where a person is
person is temporarily surrendered, he
shall be kept in custody by the requesting Party and be
returned to the requested Party after the conclusion of
the proceedings against him,
him, in accordance with
conditions to be determined by agreement of the Parties.
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