Extradition - is ... International treaties: international law

you going to escape punishment, it is enough to move to another country?Dangerous offenders who went abroad, are actively looking for the Central Bureau of Interpol.And if they catch the villain, then it waits for the trip back home, that there stand trial or to serve their sentences.If you speak the language of law, the extradition - that's extradition of the accused or one state to another to carry out the investigation and the judicial proceedings.

Terms extradition

It should also be noted that extradition is possible on the basis of an international agreement or without it.It prohibits the extradition of persons who are being persecuted at home for political crimes.Russia in recent years considerably intensified international action and is trying to expand it.In particular, the Russian Federation became a member of more than 300 international treaties, in Vol. H. And to provide legal assistance in criminal matters.

International instruments

What include international treaties?Internationa

l law states that such agreements contain provisions for extradition, the production of court, procedural and investigative actions, transfer of objects, as well as extradition of convicted persons for the execution of a sentence of foreign courts.Meanwhile, the obligation to extradite the country, where it is have visited, there is not always.

extradition of convicts - the right of the state?

It should be noted that the transfer of criminals - law of the state.However, there are cases where extradition - a mandatory procedure.In particular, if there is a corresponding international agreement, and a number of specific conditions.For example, a country which requires the issuance of an attacker, should commit themselves not to punish the convicted person for other criminal acts.This means that if the transfer of the offender happens, it may be held criminally liable only within the framework of the articles of the Criminal Code, which were specified in the extradition request.

Extradition

Whatever it was, even if the country has an extradition agreement, the process of granting a convicted last long, because in the first place to keep the number of required formalities.Typically, this procedure is carried out with the assistance of Interpol.All of this is as follows:

  • state prosecutor's office, which is looking for its citizens, directs the headquarters of Interpol request with an explanation of what and on what basis a particular person is charged;
  • then Interpol decides to (or refuse) to declare a criminal on international wanted list;
  • if such person is detained in a foreign country, the local court shall take a decision on the extradition of the person;
  • if the court will allow such a procedure, the further there is a direct transfer of the person being sought.

should be noted that extradition (extradition) may be delayed for several months.This process is almost always accompanied by a long bureaucratic correspondence.

However, the participation of Interpol is not necessary, the attacker can be to transfer on the basis of international agreements between countries.The procedure in this case will be approximately the same.Note that this procedure does not apply to citizens who have committed administrative or civil offenses.

Legislative issues

question regarding extradition is solved in different countries in different ways.The Criminal Code of the Russian Federation also have rules that regulate extradition.Nevertheless, many scientists believe Institute extradition irrelevant.This is particularly due to the fact that the agreements between the two countries over the issue of malefactors do not always meet standards on human rights.The most striking example of such a violation - a situation where the country a few years between them are negotiating the transfer of the accused, as a citizen, whose guilt is not even proven, forced to sit in custody.Furthermore, it should be noted that extradition - is not only complex and lengthy and costly process, and in terms of money.For the delivery of the offender, of course, paid by the party that filed the request.

regional and bilateral agreements

Despite the fact that there are some difficulties in the issuance of intruders without such an institution to do is simply impossible.Now in the world there are a number of bilateral agreements on the transfer of sentenced persons, such acts concluded with many countries, and Russia.Extradition treaty of the Russian Federation has issued to almost all the countries of the CIS (Minsk Convention 1993) and dozens of countries in Asia.From its European partners a bilateral agreement is signed with the two countries - Italy and Lithuania.Also, there is agreement on the issue with one of the Latin American countries - Brazil.

legal relationship with the United States

It should be noted that the agreement with the US on extradition Russia has not concluded.However, since 2000, the Russian Federation participates in the 1957 European Convention, the Americans stick to their principles in cooperation with our country:

  • enter into any acts providing for extradition, it is premature;
  • cooperation with Russia only in specific cases, each of them will be considered separately;
  • Russia may be issued to its citizens, but only in the framework of the procedure is not extradition and deportation.

Conclusion

So extradition - is an act of legal assistance, which is between the two countries concerned, which is the transfer of a person who committed a criminal offense to serve their sentences, or to bring him to justice.Extradite or not to extradite a citizen of another country, the state has the right to decide.If such a transfer is made, the country to which the extradition request, agrees to involve its citizens accountable only for those offenses which were specified in the application for extradition.For other crimes to punish a man in the process of extradition is not allowed.As a rule, the international search is carried out with the assistance of intruders Interpol.

Many states refuse to extradite foreign nationals, if they are charged in their home country for political reasons.Moreover, in some cases, the other state may deny the transfer of an alien if its law does not provide criminal penalties for the crime of which a person is accused in his homeland.If the person sought face the death penalty or has reasonable grounds to believe that a state that has submitted a request, can not provide fair justice, the country where there is such a person, too, has every right to refuse extradition.In addition, if there are suspicions that the country has submitted a request for extradition in order to prosecute a citizen on the basis of his race, sex, or national origin, sexual orientation and so on. E., It is not subject to extradition.The process of extradition has many nuances in each country has its own rules and regulations on the extradition of criminals.