What Is Extradition ?
Extradition can be called as an official procedure in, which a nation or a state gives up a fugitive to the nation or state from where he fled. Within the US, treaties govern the process of extradition. In the events of extradition that are compelled by laws like the ones between the sub-national jurisdictions, the concept may be called as rendition. |
The condition in the international laws is that no state bears the obligation of surrendering a fugitive to a different state, which is a principle in sovereignty, which makes a state as a legal authority on the people based within their boundaries. The absence of such an international obligation led to the procedures of extradition treaties to come into place. Many countries have signed bilateral treaties for extradition with numerous countries
The countries from, which an extradition is requested may agree to extradite a fugitive easily through some laws or agreements or treaties. However, they might also refuse to extradite a criminal due to many reasons. Some of them include:
Dual criminality - The crime for which the extradition is sought for should be punishable with at least the minimum degree of punishment in both the countries that are involved in the extradition treaty.
Political crimes - Many countries hesitate to extradite the fugitives accused of political crimes.
Speculation of harsh punishment - The government of some countries may refuse extradition due to their speculation that the person extradited from their country might face capital punishment or some harsh torture,
Jurisdiction - If the accused or the guilty happens to be the native citizen of the country he has fled to, the country may not be as helpful in the extradition process.
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