Monday, 18 June 2012

Extradition Treaties

Extradition is the surrender of a criminal to one country by another. It also helps is maintaining the territoriality of the penal code which says that a country should not apply its criminal law to a person who committed an offense outside its territories except when the crime is related to the countries national interest. The process is regulated by treaties between the two countries.
 What are the internationally accepted conditions for extradition?
There is a general consensus about few conditions of extradition. The crime should fulfill the criterion of dual criminality, i.e it is a punishable offence in both the countries. The country A cannot request B to extradite a person who is charged with a homosexuality related offence. Persons charged for political reasons are generally not extradited. Some countries refuse to extradite if the kind of expected punishment is abolished or is not administered in their own territories. For instance Australia, Canada, Macao, Mexico, and most of the European nations refuse to extradite a criminal if the person in question might get capital punishment after his extradition.

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