EXTRADITION LÀ GÌ

The extradition process enables governments khổng lồ bring fugitives abroad khổng lồ justice, but it can be fraught with political tension, even when a treaty is in place.

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Drug lord Joaquin "El Chapo" Guzman arrives in New York in 2017 after his extradition from Mexico. Reuters
Extraditiontreaties help governments bring criminals who have fled their country to lớn justice.Anextraditiontreaty does not guarantee that signatories will work harmoniously on cases.In the United States, the Marshalls Service handles the majority of internationalextraditions.

Introduction

Building on a practice dating baông xã to antiquity, states forge extradition treaties so they can pursue fugitives & other wanted individuals in faraway jurisdictions. Extradition has become ever more important given the spread of transnational criminal organizations, including those involved in terrorism, drug trafficking, counterfeiting, và cybercrime.

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The United States has extradition treaties with more than a hundred countries. But even with treaties in place, extraditions are often contentious and sometimes become embroiled in geopolitical friction. Instances in which countries have no extradition treaty often stir the most public interest, as is the case with former Nissan executive sầu Carlos Ghosn, who fled to lớn Lebanon from nhật bản, where he faces possible jail time on financial misconduct charges.

What is extradition?

More on:

International Law

United States

Mexico

Colombia

Transnational Crime

Extradition is the formal process of one state surrendering an individual to lớn another state for prosecution or punishment for crimes committed in the requesting country’s jurisdiction. It typically is enabled by a bilateral or multilateral treaty. Some states will extradite without a treaty, but those cases are rare.

What is in an extradition treaty?

Treaties signed in recent decades tkết thúc khổng lồ take a “dual criminality” approach, classifying as extraditable all crimes that are punishable in both jurisdictions. Older extradition treaties, by contrast, tover to lớn các mục covered offenses. For instance, the treaty between Albania & the United States, signed in 1933, includes an inventory of more than two dozen crimes, including murder, rape, arson, and burglary. Many extradition treaties only allow extradition for crimes that carry a punishment of more than one year. 

Treaties also define instances when extradition is to lớn be denied. For instance, authorities generally cannot extradite individuals for military or political offenses, with exceptions for terrorism & other violent acts. Some states will not extradite to jurisdictions with capital punishment or life imprisonment under any circumstances, or unless the requesting authority pledges not khổng lồ impose those penalties.