many future lawyers on criminal law often ask myself the question: "Extradition - what is it?"In principle, this term is not complicated.Extradition - it is an opportunity to punish the perpetrator of state, who was able to escape to another territory.
What is extradition?
This concept means the issue of a criminal who is hiding in another country.However, this possibility only arises if the two countries have a corresponding agreement.This person can independently give the State in which he was hiding or whether it has the right to wait until you are prompted authorities.
process of transferring the criminal law enforcement agencies of a foreign country called the word "extradition".What is it, you know.As to the contract, the CIS countries there is the Convention on legal assistance and legal relations in civil, family and criminal cases.Naturally, there are conditions under which the procedure is impossible.However, this will deal with later.
Extradition and International Law
It should be noted that the agreement on extradition of persons who have committed an illegal act in the home country and hiding in a neighboring country, there is not everywhere.Extradition in International Law provides for the case of the administration of the criminal to his homeland, even if the agreement is not signed.That is the right person is issued by the "principle of reciprocity".In this case, the receiving State must provide a specific service to the country, who agree to transfer the offender.That is, in this case, extradition is not made mandatory.The state itself decides whether or not to carry out such a procedure.However, there are cases in which to get the person who committed an unlawful act, is very difficult.
Extradition in International Law is a transfer of the offender by a court decision if there is a special agreement.However, a positive decision is difficult to obtain.
When possible extradition?
Extradition (what it is, you already know) is done in such cases:
- if an illegal act has been committed within the State which requires the issuance of a criminal;
- the perpetrator has the nationality of the country that requires extradition;
- the offense was such that is contrary to the interests of the State or undermining its external or internal security.
If a person has committed illegal acts in several countries, it is only after the issuance of long diplomatic negotiations, depending on whether the offense is more serious.
Under what conditions can be transferred offender?
There are certain conditions under which extradition is possible.That is, to transfer the offender to another State is possible only if:
- counterparty guarantees the safety of life and health of the person extradited.This is especially true in the condition if the country legalized the death penalty.
- The state has provided sufficient evidence of guilt persecuted.
- If there is no basis for extradition, the person should not be prosecuted or be restricted in his freedom.
In some cases, the procedure does not apply?
Extradition, (what it is, we are told) can be rejected.This is done in such cases:
- the offender has asked for political asylum is considered a refugee;
- crime statute of limitations has already expired;
- if the perpetrator of an unlawful act, is a citizen of the country in which it is hidden;
- if legal grounds to institute criminal proceedings is not, or to a person to make a complaint of a private nature.
To transfer a person to the authorities of another country, it is necessary to present the decision to the General Prosecutor's Office.Only in this way can the international extradition.
Peculiarities of procedure
First of all, for the country to carry out the procedure, it is necessary that there was an agreement among States on extradition.Next there is a procedure for the transfer of persons to law enforcement authorities of another state:
1. Submission of the request to another party.Term of consideration is about 40 days, starting from the time when the suspect was arrested.
2. Further, extradition of criminals only in the local prosecutor's office or other approved structure.They choose a measure of restraint in the future.
3. Now the side that transmits the accused should check all the bases that allow to carry out the procedure.Naturally, there are taken into account and the conditions that prohibit the transfer of the accused.
4. Only after preceding a decision to approve or reject the application.
5. If extradition is allowed, the decision must necessarily be fixed by special decree.
6. Only after this positive response to the request is brought to the knowledge of the accused person.
Naturally, the offender is given the opportunity to appeal the decision of the law enforcement agencies of the country which wants to convey.This procedure may be carried out within 10 days.If the request for extradition has been rejected, the counterparty may, within weeks to lodge an appeal.
Features extradition to the Russian Federation
As for Russia, the legal framework regarding the procedure presented has its own characteristics.For example, Russian citizens who have committed a crime in another country, can not be issued to him.However, the authorities pledge to punish the person who commits a wrongful act under the law.Issuing the Russian authorities may only foreigners who are temporarily hidden in the state.
Recently Federation has concluded a large number of international treaties, which fix the relationship of respect extradition procedures.The state may carry out the whole complex of investigative actions, transfer not only the offender, but all the evidence relating to criminal proceedings.
Features extradition to Russia
exchange criminals with other countries - is a different story.If it is carried out extradition to Russia relative to other countries, you know, now we have to find out how the procedure is carried out with respect to Russia itself.
procedure for the transfer of criminals Russia is rather complicated.Generally this position is dictated by the low level of confidence in justice.Often the person in the indictment of the country, especially the West, see a political subtext.That is, the western court doubts the authenticity of the facts.Even if the evidence against the obvious, it may well be the next state to refuse an application for extradition, as aware of the conditions in which there will be a person behind bars.
However, if the facts are serious and the two countries have a relevant treaty, there is another party must issue a fugitive.Basically, it is all the features of exchange officials, who have committed serious offenses, between different countries.
