Extradition

Extradition: Legal Framework and Procedures

Extradition is the legal process by which a fugitive is surrendered from one jurisdiction to another for trial. It allows one country or state to request the surrender of a suspected or convicted criminal who has fled to another country. Extradition typically applies when someone charged with a crime under state or federal law flees jurisdiction, while an individual charged with a federal crime may be moved between states without the need for extradition procedures.

Extradition is governed by treaties or based on principles of reciprocity, where one state agrees to surrender an individual to another state to face criminal charges, provided that both jurisdictions recognize the alleged offense.

Types of Extradition Treaties

There are two primary types of extradition treaties:

1. List Treaty

• Description: The list treaty is the most common and traditional form of extradition agreement. It includes a list of specific crimes for which a suspect can be extradited.

2. Dual Criminality Treaty

• Description: This treaty allows for the extradition of a criminal suspect when the crime is punishable by more than one year in both the requesting and requested countries. It has been widely used since the 1980s.

In both types of treaties, extradition is only possible if the conduct in question is recognized as a crime in both the requesting and requested countries.

Purpose of Extradition

Extradition serves several important functions:

• Ensures Justice: Extradition helps ensure that criminals are brought to justice, no matter where they flee.
• Limits Extra-Territorial Jurisdiction: Since countries typically do not have jurisdiction outside their borders (except in specific cases), extradition allows justice to be carried out in the proper legal framework.
• Acts as a Deterrent: The possibility of extradition serves as a warning to criminals that they cannot evade justice by fleeing to another country.
• Reduces Crime: Extradition helps remove criminals from society, thus playing a role in crime prevention.

Essential Conditions for Extradition

Extradition is not automatic; several conditions must be met for a successful request:

1. Seriousness of the Crime: The crime in question must be sufficiently serious to warrant extradition.
2. Prima Facie Case: There must be enough evidence to establish a prima facie case (a reasonable belief that the person committed the crime).
3. Dual Criminality: The act must be a crime in both the requesting and the requested countries.
4. Fair Trial Expectation: The extradited individual must reasonably expect a fair trial in the country requesting extradition.
5. Proportional Penalty: The likely punishment in the requesting country must be proportionate to the crime committed.

Extradition plays a crucial role in international law by ensuring that criminals face justice, regardless of where they try to escape. The process is based on treaties that establish clear guidelines for what constitutes an extraditable offense and ensures fairness for all parties involved.