论死刑不引渡原则

《中西引渡条约》作为我国与欧美发达国家签署的第一个引渡条约,第一次包含了死刑不引渡原则的条款。死刑不引渡原则是现代引渡制度中的一项重要原则。死刑不引渡原则,是指当被请求国有理由相信被引渡人在引渡后可能被请求国判处或执行死刑拒绝予以引渡的原则,此原则中引渡人可能被判处死刑,不仅包括已经被依法判处死刑的人,也包括可能被判处死刑的犯罪嫌疑人。

On the Principle of Death Penalty Free of Extradition

As the first extradition treaty signed by China with Euro-American deveped countries, Chinese and Western extradition treaty includes the item of death penalty free of extradition principle for the first time. The principle of death penalty free of extradition is an important principle in the modern extradition system. It means the claimed country can refuse the extradition when it has enough evidence to be able to believe that the extradited person may be sentenced to death or exercised the death sentence after extraction. The extradited person in the principle not only refers to the person that has already been sentenced to death in accordance with the law but also refers to the suspect that may be sentenced to death.