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加拿大宣布:孟晚舟案件正式开始引渡程序!

环球中文网 时间:2019-03-01 11:12:36

【环球中文网 www.cbeiji.com讯 本网记者】 正如预期的那样,加拿大政府周五表示将允许对华为技术有限公司的首席财务官孟晚舟进行引渡听证会,孟晚舟于去年年底被拘留在加拿大。

这可能是一个漫长而有启发性的法律程序的第一步。

孟晚舟将于3月6日出现在加拿大法院的引渡听证会,在此期间,证据将被记录在公共记录中。 

加拿大司法部在一份声明中说:“今天,加拿大司法部官员公布,孟晚舟女士的案件中正式开始引渡程序。”

该决定是一种形式,允许法官听取是否批准将孟晚舟从加拿大引渡到美国让她在美国接受审判。

最终,加拿大司法部长将决定孟晚舟是否被引渡,他的部门说他不会评论该案件。

根据加拿大 - 美国的引渡条约,加拿大法官必须确定美国所指控的孟晚舟的罪行是否在加拿大也构成犯罪 。

孟晚舟将有多次上诉机会,孟晚舟的辩护律师大卫·马丁发誓要进行激烈的斗争。

在引渡审判期间,孟晚舟将继续被软禁,按照保释的规定:她还必须继续佩戴GPS跟踪设备。

这是政府的公告:

公告全文:

News release
March 1, 2019 – Ottawa, Ontario, Canada – Department of Justice

Canada is a country governed by the rule of law. Extradition in Canada is guided by the Extradition Act, international treaties and the Canadian Charter of Rights and Freedoms, which enshrines constitutional principles of fairness and due process.

Today, Department of Justice Canada officials issued an Authority to Proceed, formally commencing an extradition process in the case of Ms. Meng Wanzhou.

The decision follows a thorough and diligent review of the evidence in this case. The Department is satisfied that the requirements set out by the Extradition Act for the issuance of an Authority to Proceed have been met and there is sufficient evidence to be put before an extradition judge for decision.

The next step in the case is as follows:

The British Columbia Supreme Court has scheduled an appearance date for March 6, 2019 at 10:00 a.m. (PST) to confirm that an Authority to Proceed has been issued and to schedule the date for the extradition hearing.
During the extradition hearing, the Crown will make its detailed arguments in its submissions to the Court, where evidence will be filed and become part of the public record.

An extradition hearing is not a trial nor does it render a verdict of guilt or innocence. If a person is ultimately extradited from Canada to face prosecution in another country, the individual will have a trial in that country.

While court proceedings are underway, Ms. Meng will remain on bail subject to her existing conditions, as set by the court.

Quick facts
— The Authority to Proceed is the first step in the extradition process. The decision on whether to issue an Authority to Proceed was made by Department of Justice Canada officials, who are part of a non-partisan public service.

— The next step is the judicial phase where a judge hears the case. If the judge decides a person should be committed for extradition, then the Minister of Justice must decide if the person should be surrendered (extradited) to the requesting country.

— The Minister of Justice will not comment on the facts of this case given he may need to make a decision later in this process.

— Under the Extradition Act and the Treaty, Canada must review the alleged conduct and determine whether it could have resulted in a jail sentence of 1 year of more if it had taken place in Canada. The conduct for which extradition is sought must also be considered criminal in both the United States of America and in Canada. This is known as “dual criminality”.

— Canada’s extradition process protects the rights of the person sought by ensuring that extradition will not be granted if, among other things, it is contrary to the Canadian Charter of Rights and Freedoms, including the principles of fundamental justice.






 
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