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The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. [2] Between countries, extradition is normally regulated by treaties. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition.
The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period.
The European Convention on Extradition is a multilateral treaty on extradition drawn in 1957 up by the member states of the Council of Europe and in force between all of them. The convention is also available for signature by non-members which as of January 2012 are Israel , South Africa and South Korea .
Criminal Chamber, which is competent to try certain types of serious crimes such as terrorism, money laundering, genocide, etc., makes decisions about extradition demands by foreign countries and the execution of European arrest warrants, and hears appeals against rulings of the Central Criminal Courts (Juzgados Centrales de lo Penal).
Double criminality, or dual criminality, is a requirement in the extradition law and international prisoner transfers of many countries.It states that a suspect can be extradited from one country to stand trial for breaking a second country's law only if a similar law exists in the extraditing country, and that any crime in any sentencing country must also be a crime in any other country to ...
That November, a Hungarian court ordered an unnamed South Korean citizen to be extradited to Spain under a simplified extradition procedure, to which the South Korean government consented. [35] Hong Chang was still a fugitive as of the same date. [35]
In a victory for millions of Spaniards who speak a language other than Spanish, the European nation's Parliament allowed its national legislators to use Catalan, Basque and Galician for the first ...
The first extradition treaty signed by the government of the People's Republic of China, with Thailand, provided for a political offence exception; however, other treaties did not. Instead, the intention was that the executive branch would use the grant of political asylum to the offender under Article 32(2) of the Constitution of the People's ...