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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.
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.
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 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]
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 ...
According to a book review in The New York Times in January 2015: . The Northwest Ordinance of July 1787 held that slaves "may be lawfully reclaimed" from free states and territories, and soon after, a fugitive slave clause — Article IV, Section 2 — was woven into the Constitution at the insistence of the Southern delegates, leading South Carolina's Charles Cotesworth Pinckney to boast ...
The Extradition Act 2003 is an ... The procedure used by the courts is set down in the Criminal Procedure Rules 2015, part 50. [3] Examination by Parliament