Many future criminal lawyers often ask themselves the question: "Extradition - what is it?" In principle, this term is not complicated. Extradition is the ability of the state to punish a criminal who was able to escape to another territory.
What is extradition?
This concept means the extradition of a criminal who is hiding in another state. However, such an opportunity arises only if an agreement exists between the countries. In this case, the person in which he is hiding can independently extradite a person, or else he has the right to wait for the relevant request from the authorities.
The process of transferring a criminal by law enforcement agencies to another country is called the word “extradition”. What it is, you already know. As for the contract, in the CIS countries there is a Convention on legal assistance and legal relations in civil, family and criminal matters. Naturally, there are conditions under which this procedure is impossible. However, we will figure it out later.
Extradition and international law
It should be noted that an agreement on the extradition of persons who committed unlawful acts in their native country and hiding in a neighboring state does not exist everywhere. Extradition in international law provides for the consideration of the case of sending the offender to his homeland even if the contract is not signed. That is, the right person is issued according to the "principle of reciprocity." In this case, the host state must provide a certain service to the country that agrees to transfer the offender. That is, extradition in this case is not mandatory. The state itself decides whether to carry out such a procedure. However, there are cases in which it is very difficult to get a person who has committed an illegal act.
Extradition in international law is the transfer of a criminal on the basis of a court decision, unless there is a special contract. However, a positive decision is difficult to obtain.
When is extradition possible?
Extradition (what it is, you already know) is performed in such cases:
- if the unlawful act was committed within the state that requires the extradition of a criminal;
- the culprit has the citizenship of the country that requires extradition;
- the crime was one that contradicts the interests of the state or undermines its external or internal security.
If a person has committed unlawful acts in several countries, then his extradition is carried out only after lengthy diplomatic negotiations, depending on which crime is more serious.
Under what conditions can a criminal be transferred?
There are certain conditions under which extradition is possible. That is, a criminal can be transferred to another state only if:
- The counter party guarantees the safety of life and health of the extradited person. This condition is especially relevant if the death penalty is legalized in the country.
- The state provided sufficient evidence of the guilt of the victim.
- If there are no grounds for extradition, then the person should not be persecuted or limited in his freedom.
When is the procedure not applicable?
Extradition (what it is, we have already said) may be rejected. This is done in such cases:
- the offender has requested political asylum and is considered a refugee;
- The statute of limitations has already expired;
- if the person who committed the unlawful act is a citizen of the country in which he is hiding;
- if there are no legal grounds for initiating a criminal case or if private claims are made against a person.
In order to transfer a person to the authorities of another country, it is necessary that the decision of the General Prosecutor's Office be present. Only in this case, international extradition is possible.
Features of the procedure
First of all, for a country to be able to carry out the procedure, it is necessary that an extradition treaty exists between states. Further, there is a whole procedure for transferring a person to law enforcement bodies of another state:
1. Filing a request to the other party. The term for its consideration is about 40 days, starting from the moment when the suspect was detained.
2. Further extradition of criminals is carried out only to local prosecution authorities or other structures designated for this purpose. It is they who choose the measure of restraint in the future.
3. Now the party that transfers the accused must verify all the grounds that permit the procedure. Naturally, those conditions that prohibit the transfer of the accused are taken into account here.
4. Only after the implementation of the previous paragraphs, a decision is made on the satisfaction or rejection of the application.
5. If extradition is permitted, then this decision must be enshrined in a special decree.
6. Only after this a positive response to the request is brought to the knowledge of the accused person.
Naturally, the criminal is given the opportunity to appeal the decision of the law enforcement agencies of the country that wants to pass it on. This procedure can be carried out within 10 days. If the request for extradition is rejected, the counterparty may file a cassation appeal within a week .
Features of extradition in the Russian Federation
As for Russia, here the legislative framework regarding the procedure presented has its own characteristics. For example, Russian citizens who have committed a crime in the territory of another state cannot be extradited to him. However, the authorities undertake to punish the person who committed the unlawful act, in all severity of the law. Russian authorities can only be extradited by foreigners who are temporarily hiding in the territory of the state.
Recently, the Federation has concluded a large number of international treaties that record the relations of countries regarding the extradition procedure. Moreover, the state can carry out the whole complex of investigative actions, transfer not only the criminal himself, but also all the evidence related to the criminal proceedings.
Features of extradition to Russia
The exchange of criminals with other states is a separate topic for conversation. If you already understood how extradition is carried out in Russia in relation to other states, now it remains to be seen how the procedure is carried out in relation to the Russian Federation itself.
The procedure for transferring criminals to Russia is quite complicated. Basically, this position is dictated by a low level of trust in justice. Often countries, especially western ones, see political implication in blaming the person. That is, the western court doubts the reliability of the facts provided. Even if the evidence of guilt is obvious, then the neighboring state may completely refuse the request for extradition, as it is aware of the conditions in which there will be a person behind bars.
However, if the facts are serious, and an agreement exists between the countries, then the other side is obliged to extradite the fugitive. In principle, these are all the features of the exchange of persons who have committed serious offenses between different countries.