Only if the person was not extradited did the obligation to prosecute arise, but the requested State could not simply decide to prosecute rather than to extradite without giving due consideration to the extradition request.
只有在未引渡某人时，才涉及起诉的义务，但被请求国不能在不适当考虑引渡要求的情况下简单地决定提出起诉而不是进行引渡。