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Extradition in criminal law. Extradition - what is it?

Today, the criminal situation in the world indicates an unprecedented increase in crime. Peace of mind can be violated not only by individual militant states, but also by individual entities, criminals. Many criticize this fact, but its real existence is confirmed by the presence of criminals with international status. If during the Cold War, countries posed a threat to the world law and order, then the modern world is filled with people whose resources allow them to violate established world orders for their own benefit, and they may come from the smallest and smallest countries on the world stage. Examples of such people are Muammar Gaddafi, Osama Bin Laden, Semyon Mogilevich, Doku Umarov, Pablo Escobar and others. extradition of criminalsIn order to prevent the constant emergence of criminals of "international" significance, as well as to promote mutual cooperation in the fight against crime, the countries created an indispensable and very useful extradition institution. Features and main nuances of his work will be discussed in this article.

History of the Institute for Extradition

Extradition of criminals has a story. This international legal institution for the most part was formed only in the 20th century, but its foundations were laid back in ancient times. The earliest example of an extradition, or rather, an extradition treaty, dates from 1278 BC. It was composed between the Egyptian pharaoh Ramses II and the Hittite king Hattusili III. According to this agreement, the Hittites were obligated to return any escaped citizen of Egypt, while not carrying out any judicial actions, such as torture. extradition what is itOther examples in the ancient world are also known, for example:

  • Cato demanded that Caesar be extradited to the Germanic tribes, because the latter had begun an illegal war against them.
  • When an attempt was made on Philip of Macedon, the Athenians betrayed all the people who were somehow involved in this.
  • The Achaeans demanded from Sparta the extradition of his citizen, who burned the villages of civilians.

In the Middle Ages, a case was known when the leader of the Kuraish tribe demanded the extradition of the Quraysh who fled from the persecution from the Ethiopian king. But he was denied his request. In addition to these facts, there are many historical confirmations of the existence of the institution of extradition, or at least its foundations.

Key provisions on the institution of extradition

In modern international law, there is such a term as extradition. What is it, many do not even know. But this international legal category, in fact, is an extradition, only taking into account the normative regulation of international treaties. It follows that extradition is a special form of cooperation between states (international cooperation) in the fight against crime, regulated by international acts. The essence of the extradition is as follows: the arrest of a certain person in the territory of one country and his transfer to another country as requested. The transfer is carried out to convict the offender or the implementation, execution of a sentence that has already been pronounced by the other party. extradition treatyIn some states with a federal territorial system, the term may be used in the context of transferring a criminal from one subject of the federation to another. Those who are suspected or accused of committing crimes can be transmitted.

Extradition conditions

Each state has the right to extradite criminals, but not the obligation to carry out such actions. An obligation to extradite criminals may arise if there is a bilateral extradition treaty. There are special conditions for extradition of criminals, which are stipulated in the contract earlier. Usually they indicate the criteria according to which the institution of extradition operates. The most traditional extradition condition is the presence of “double jurisdiction”, when the committed act is condemned in the legislation of both the requesting country and the requested. The contract also prescribes the conditions that allow you to refuse extradition of the offender.

Legal basis for extradition

Extradition (what it is, we figured out above) has a legal basis, like any international legal institution. This is due to the existence of a global rule of law and the rule of law, when any actions relating to human freedom and honor should be regulated by international legal acts. Most often, the legal basis for extradition is an agreement between states, but there are also multilateral conventions. At the same time, both requested and requesting countries should be parties to such conventions. An example of such an international instrument is the 1957 European Convention on Extradition.extradition in Russia

Extradition in Russia

The extradition institution is present in the legislation of the Russian Federation because the state is a party to the 1957 European Convention on Extradition. Nevertheless, there are some reservations that have been put forward by Russia. Article 61 of the Constitution of the Russian Federation states that citizens of a country cannot be extradited outside the state or transferred to a foreign power. Thus, we can only talk about the partial acceptance by the state of such an institution as extradition. The Russian Federation in this sense differs from the countries of the European Union, between which there is a bilateral obligation to extradite criminals.

Extradition process

The extradition process has a special regulation, which is governed by international legal norms of existing treaties and conventions or international legal custom. Extradition in criminal law plays an insignificant role, unlike the constitution. Most often, the country's criminal law has some provisions regarding international cooperation in the field of extradition, but by no means peremptory norms requiring compliance.

extradition to the Russian Federation

The procedure begins with an elementary request drawn up in the language of the requested party or in one of the international languages. The request is sent through the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Justice, etc. In the requested country, the procedure of judicial review of the validity of the request from a legal point of view begins. If the court confirms the request, then the offender is extradited, if not, the process will stop.

Trends in simplifying the extradition process

Most often, the extradition system is so cumbersome that this institution does not actually operate. It takes place only in the context of political confrontation. But some countries still have made some progress on this issue. For example, EU members have created a “European arrest warrant.” This international agreement allows the transfer of citizens of the participating countries without confirmation and consideration of the request.

extradition in criminal law

The existence of an agreement actually “revived” an institution such as extradition. It is clear to many that this agreement is beneficial to the participating countries, however, states independent of the treaty keep a distance between themselves and try to avoid creating such an agreement by any means.

Institute future

Extradition, what it is, what legal acts regulate the institution - all these issues were considered in the article.It should also be noted that modern states still experience a certain degree of distrust of each other, therefore the institution of extradition cannot fully develop. However, many scientists are confident that such trends will be broken due to the constant threat and the growth of international crime. This negative factor needs to be eradicated, and something must be sacrificed for this.


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