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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.
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 .
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 ...
The extradition treaty remains in force, according to a U.S. State Department spokesperson who spoke on background. US urges Honduras to reconsider treaty withdrawal as president warns of plot ...
The act is divided into five parts. Parts 1 and 2 deal with "category 1" and "category 2" territories respectively. While it is not mentioned in the Act, category 1 territories are all other member states of the European Union and Part 1 of the Act is the United Kingdom's implementation of the European Arrest Warrant framework decision.