State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-772

§15A‑772.  Securing attendance of defendants who are outside the UnitedStates.

(a)        When a criminalaction for an offense committed in this State is pending in a criminal court ofthis State against a defendant who is in a foreign country with which the UnitedStates has an extradition treaty, and when the offense charged is one which isdeclared in such treaty to be an extraditable one, the prosecutor may  make anapplication to the Governor, requesting him to make an application to thePresident of the United States to institute extradition proceedings for thereturn of the defendant to this country and State for the purpose ofprosecution of such action. The prosecutor's application must comply withrules, regulations, and guidelines established by the Governor for suchapplications and must be accompanied by all the charges, affidavits, and otherdocuments required thereby.

(b)        Upon receipt of theprosecutor's application, the Governor, if  satisfied that the defendant is inthe foreign country in question, that the offense charged is an extraditableone pursuant to the treaty in question, and that there are no factors orimpediments which in law preclude such an extradition, may in his discretionmake an application, addressed to the Secretary of State of the United States,requesting that the President of the United States institute extraditionproceedings for the return of the defendant from such foreign country. TheGovernor's application must comply with applicable treaties and acts ofCongress and with rules, regulations, and guidelines established by theSecretary of State for such applications and must be accompanied by all thecharges, affidavits, and other documents required thereby.

(c)        The provisions ofthis section apply equally to extradition or  attempted extradition of a personwho is a fugitive following the entry of a judgment of conviction against himin a criminal court of this State. (1973, c. 1286, s. 1; 1975,c. 166, s. 27.)