The Extradition Treaty between the Kingdom of Spain and the Republic of Peru was signed in Madrid on 28 June 1989.
The Treaty is a commitment by which the parties reciprocally agree to hand over a citizen to the requesting country for trial or to serve a sentence already imposed. Composed of 31 articles, the Treaty sets out the requirements and conditions to be met before the requested Party can agree to surrender a national.
When the requesting country seeks the surrender of a national to its country for trial, a custodial sentence of more than one year for the offence allegedly committed must be provided for. If the extradition request is for the enforcement of the sentence already imposed on a person, it is necessary that the remaining part of the sentence is not less than six months. Extradition may not be refused on the sole ground that the laws of the Parties qualify it differently, or do not contain the same regulations on these matters.
The extradition procedure may be applied to anyone who has had a degree of participation in the criminal offence. In other words, extradition may be granted to the perpetrator, accomplice, accessory, accessory after the fact, or other, of the offence.
Extradition will not be granted when:
The offence is considered a political offence. However, an offence committed for a political motive shall not be considered a political offence.
The requested Party has reasonable grounds to believe that the requesting Party is making the extradition request for reasons of race, religion, nationality or political opinion.
The criminal prosecution or the penalty imposed is statute-barred under the law of either Party;
the person in question has already been tried by the courts of the requested country for the same acts for which extradition is requested.
