For what crimes can you be extradited?
In the modern world, criminal activity acquires a transnational character. Terrorist acts, cybercrimes, trafficking in human beings and narcotic substances all require coordinated action on the part of the international community. Extradition is becoming one of the main tools in the fight against crime, allowing States to transfer to each other persons accused or convicted of serious offences. Let’s take a look at what types of crimes extradition refers to, how the legal process of extradition works, and what difficulties may arise along the way.
What is extradition?
Extradition is a legal process in which a requesting State requests another State to extradite a person for crimes. Subsequently, the extradited person will be prosecuted and sentenced to punishment through the court. The mechanism is based on the principles of international cooperation and mutual trust between countries.
Extradition has several main objectives. First, it prevents evasion of responsibility, so that criminals cannot escape punishment by hiding in another country. Second, extradition strengthens international security when States work together to confront transnational crime. Thirdly, it promotes the observance of the principles of justice, ensuring the inevitability of punishment for the crimes committed.
In international practice, extradition is regulated by various treaties and agreements. Among them:
- “European Convention on Extradition” of 1957: the main instrument for European countries establishing common rules for extradition;
- “Model UN Treaty on Extradition” of 1990: serves as a basis for the development of bilateral and multilateral agreements;
- Multilateral and bilateral treaties: States conclude agreements that take into account specific requirements and conditions.
Extradition is not a mandatory procedure and is subject to the existence of relevant treaties between countries. In addition, the national legislation of the requested State plays a key role in the decision to extradite a person for crimes.
Offences that lead to international extradition
Extradition applies to serious crimes that are recognized as such in both countries. The principle of dual criminality requires that the conduct be a crime in both the requesting and the requested State.
The main categories of extradition for crimes include
- Murder and grievous bodily harm: deliberate actions resulting in the death or serious consequences for the health of the victims;
- Trafficking in Narcotic Drugs and Psychotropic Substances: Illicit Production, Distribution and Transportation of Illicit Substances;
- Terrorist activity: acts aimed at intimidating the population, destabilizing state structures or international organizations;
- Trafficking in human beings and illegal migration: acts related to the movement of people across borders for the purpose of exploitation;
- Money laundering and financial fraud: transactions with illegally obtained funds, tax evasion, fraud;
- Cybercrimes: illegal access to information systems, data theft, distribution of malware;
- Corruption and bribery: abuse of office, receiving or giving a bribe to officials.
Some countries may not extradite their own citizens or for certain categories of crimes, such as political crimes. However, international practice seeks to minimize such exceptions for the effective fight against crime.
Extradition procedure
Extradition is a complex and multi-stage process that must comply with both international norms and national legislation.
- Submission of the request;
- Consideration of the request;
- Judicial review;
- Administrative decision;
- Transfer of the accused.
The protection of the rights of the accused plays an important role in the extradition process. International conventions, such as the European Convention for the Protection of Human Rights and Fundamental Freedoms, set standards for the treatment of persons under threat of extradition.
Problems of interstate extradition
Despite the mechanisms in place, the extradition process may face serious obstacles. Particular difficulties arise in extradition between US states, despite the fact that they are part of the same state.
Differences in state laws create a complex legal environment, as each state has its own criminal laws and procedures. This can lead to situations where an act is considered a crime in one state but not in another. The issue of the death penalty adds to the complexity: some states have abolished it, while others continue to use it. If the defendant faces the death penalty in the requesting state, the requested state may refuse extradition on humanitarian grounds.
Differences in extradition procedures also complicate the process. Although the interstate legal process is governed by the “Mutual Extradition Act” of 1793, its practical application can vary, resulting in delays, bureaucratic hurdles, and lack of coordination. Political and social factors such as public opinion, political pressure and media resonance can influence extradition decisions; In some cases, governors refuse to sign warrants for political reasons. Finally, the protection of human rights is important: fears of inhuman treatment, torture or unfair trials can lead to refusal of extradition, even within a single country.
How to deal with extradition charges?
If you or your loved ones face a threat of extradition, you must act promptly and professionally. In such situations, it is important to understand your rights and have reliable legal support.
We recommend contacting our qualified international lawyer who specializes in international law and extradition legal processes. Our expert has in-depth knowledge and experience in this area, which will ensure effective protection.
To reduce the likelihood of your extradition, we recommend that you familiarize yourself with several steps:
- Immediate legal advice: this will allow you to assess the situation and develop a defense strategy;
- Collection and preparation of documents: providing all the necessary materials to support your position will help the lawyer build arguments;
- Challenging extradition in court: your lawyer will be able to present evidence in your favor, point out possible violations of procedures and protect your rights in court;
- Turning to international protection mechanisms: in some cases, it is possible to involve international organizations and human rights structures;
- Negotiations with the authorities: A lawyer with many years of practice can communicate with the competent authorities to find alternative solutions, such as transferring the case to the requested state.
Thus, extradition is a rather complex legal mechanism that ensures justice and the fight against criminal offenses. Knowledge of the processes and possible problems will help to act effectively in a situation related to extradition. Recourse to qualified specialists and timely action are an integral factor in protecting the rights and freedoms of the accused.