What is extradition in international law?

What is extradition in international law?

Background on extradition

Thus, countries today have the international obligation to make and ratify treaties where mutual assistance commitments are generated in the field of international cooperation, based on the principle or Latin formula called: aut dedere aut judicare (extradite or judge), emanating from the Geneva Conventions of 1949, with the purpose that if the state is unable to judge the criminal or wishes to deliver him to the requesting nation, he may be prosecuted by the applicant.

Thus, countries today have the international obligation to make and ratify treaties where mutual assistance commitments are generated in the field of international cooperation, based on the principle or Latin formula called: aut dedere aut judicare (extradite or judge), issued since the Geneva Conventions of 1949, so that if the state is unable to prosecute the offender or wishes to surrender it to the requesting nation, the offender may be prosecuted by the petitioner.

Extradition should be understood as the figure of international cooperation par excellence, whose main objective in the first place is to combat crime, the impunity of criminal conduct, simplify formalities and allow mutual assistance in criminal matters; starting with the request of a requesting State or the offer of the State that serves as a shelter, to deliver a person or persons formally linked to a criminal investigation or convicted by a final judgment.

What is extradition in international law?

Extradition is an institute of International Public Law applicable to criminal law; through this institute, the judicial authorities of a country request the surrender of an accused, defendant or suspect to the authorities of another country, which in turn provides the necessary means to …

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What is the relationship between extradition and international law?

The legal aspect of extradition is determined in International Law by its regulation in the Treaties through principles that protect the individual for his or her surrender, a positive delimitation that transforms the aphorism nullum crime sine lege into nulla traditio sine lege, that is, no one can …

What is extradition?

Extradition occurs when a State surrenders to another State a person under investigation for the commission of an unlawful act, so that he may be tried by the requesting State or serve the sentence imposed on him there.

International Extradition Law

Extradition is the judicial (criminal-administrative) procedure by which a person accused or convicted of a crime under the law of one State is arrested in another State and returned to the first State for trial or to serve the sentence already imposed. The word comes from the Latin ex meaning “outside” and traditio meaning “transmission”.

Most extradition treaties require that the requesting State demonstrate the existence of cause to prosecute or punish the person sought; that the crime charged has been defined as such both in the criminal legislation of the requested State and in that of the requesting State.

International law establishes the obligation to extradite, but in the case of nationals of the requested State, surrender becomes optional, it is at the discretion of the State, but with the subsidiary obligation, in the event that the national is not surrendered, to prosecute the offending national and to communicate the decision to the requesting State.

What is the purpose of extradition?

In this regard, extradition is defined as an institution of International Law by virtue of which a State surrenders an individual to another State that claims him, for the purpose of submitting him to criminal proceedings or serving a sentence for having committed a crime in the jurisdiction of the Requesting State.

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What is the extradition procedure?

Extradition is a process that is carried out so that a person is submitted to a competent court, to be tried and sentenced with due process, so it could not happen between a State with which there is no compatibility in the establishments of law.

How is extradition classified?

The legal concept of extradition has been classified according to the procedural moment in which it occurs: a) Active extradition: When one State requests the surrender of a person to another State. b) Passive extradition: When the requested State hands over the requested person to the requesting State.

Extradition in Mexico

This paper analyzes the two main instruments available to States to combat transnational organized crime, which requires the international community to make every effort to confront a phenomenon that moves hundreds of millions of dollars around the world.

Drug trafficking, money laundering, financing of terrorism and corruption are criminal activities that are often linked and therefore require new instruments to combat them, such as new specialized forms or investigation techniques, such as undercover agents, electronic surveillance, controlled deliveries and videoconferencing, as means of evidence.

a Associate Professor of Private International Law, School of Law-UdelaR, until 2012. Professor of Private Law, FCE, UdelaR since 2005. Legal Advisor, former Head of the Central Authority of International Legal Cooperation of Uruguay. Former expert of the former United Nations International Drug Control Program (UNDCP). Member of the Group of Experts on Criminal Assistance and Extradition of the States of the OAS. [email protected]

What are the principles of extradition?

Extradition is an act of sovereignty based on the principle of reciprocity, which implies both relations of equality between sovereign States and a consent expressed by them, on the basis of reciprocity, within the framework of such relations.

What is the importance of extradition?

Extradition was created with the purpose of satisfying the needs that society demands from criminal law, in which every illicit act is subject to a process, regardless of the fact that it crosses borders, because of the infraction the need arises to punish the guilty parties, applying the territoriality of the law.

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When is extradition not appropriate?

The individual may not be tried twice for the same offense, so if the extradition request is based on an offense for which he has already been tried, it will not proceed. Extradition does not proceed for misdemeanors. For military crimes or political and related crimes, extradition does not proceed.

Extradition private international law

Protocol amending the Convention for the Suppression of the Traffic in Women and Minors of September 30, 1921 and the Convention for the Suppression of the Traffic in Women of Full Age of October 11, 1933.

Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, completed in Paris in 1896, revised in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928 and in Brussels on June 26, 1948.

Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Supervisory Authorities and Transborder Data Flows.