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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.
According to Convention, the extradition (transfer) may be requested by either the state in which the sentence was imposed (the "sentencing State") or the state of which the sentenced person is a national (the "administering State"). The transfer is subject to the consent of the two States involved, and the consent of the sentenced person.
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The extradition law of Israel was passed in 1954 and describes the conditions of extradition to other country, [1] and Law for serving a prison sentence in the prisoner's country of citizenship was passed in 1996 and allowing prisoners to serve their sentence in Israel or the country of citizenship. [2]
Habeas corpus is a legal procedure initiated by an individual to test the legality of his detention by the government. [16] To benefit from habeas corpus, the affected person, or someone on his behalf, must file a petition for relief before a court with jurisdiction. The procedure is contained in 28 U.S.C. § 2241 et. seq.
This list of United States extradition treaties includes 116 countries. [ 1 ] [ 2 ] The first U.S. extradition treaty was with Ecuador , in force from 1873. [ 3 ] The most recent U.S. extradition treaty is with Croatia , in force from 2022.
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.
Section 1 of Article 4 outlines the procedure relevant to rights against being prosecuted or punished twice in criminal proceedings. [2] Thus, trials involving breaches of non bis in idem can only be commenced contingent on the criminal nature of the tried act, the duplication of proceedings seen via the bis concept, and the same offense seen ...