Extradition is a procedure that is often faced by practicing lawyers and ordinary citizens who find themselves in an unpleasant situation. The meaning of this concept is as follows: when a citizen of one country is persecuted in his homeland for some reason, he seeks asylum on the territory of another state. At the request of the authorities of his country or at the initiative of the country where he is, the accused can be extradited to his homeland - this is extradition.
You should know that this procedure is possible only if an appropriate agreement is signed between the two states. In addition, there are many nuances, which we will consider below.
When is extradition possible?
As mentioned earlier, this procedure is possible if there is a certain agreement between states. However, it is also possible that the offender will be sent home without this document. In this case, the “principle of reciprocity” begins to operate, and the country that receives the offender is obliged to render some significant service to the country that extradited him.
This principle is a voluntary matter, and it is up to the state to provide a service to the country submitting the request or not.
Extradition protection services
So, in what cases is extradition unavoidable?
Extradition to France will be carried out if a French citizen has committed an unlawful act in the territory of another state, while the receiving party is obliged to ensure that nothing threatens his life and health. Moreover, for extradition, there must be good reasons and sufficient evidence of the guilt of the person being punished.
Extradition Refusal Cases
In some situations, extradition is not possible. For example, extradition to Russia will not take place if the persecuted citizen of the Russian Federation applied for political asylum, for example, in France and received refugee status.
Extradition does not apply if the term of the crime has already expired.
If the claims against the accused are of a private nature, he will also not be extradited to his homeland.
It is carried out in several stages. First, a corresponding request is submitted, which the country that received the accused considers approximately 40 days (from the moment of his detention). The person under suspicion is then handed over to the local prosecutor's office, and the extraditing party checks the legality of the extradition.
The decision on extradition is made by the Prosecutor General's Office.
If the extradition is nevertheless carried out, then a decision is made, after which the accused is notified of this. Within 10 days, he can exercise the right to appeal against the extradition decision.
Features of extradition in Russia
The legislative framework of the Russian Federation has its own peculiarities related to the issue of extradition. For example, if Russian citizens commit an offense on French territory, then the extradition of Russians to France will not take place, but they will be punished with all severity on the territory of the Russian Federation.
Getting Russia's "own" criminals back is also not easy: Western courts do not trust local justice too much.
If you are faced with the problem of extradition in relation to yourself or your loved ones, please contact our Association for advice. Our staff, with many years of experience, will be happy to answer all your questions and provide qualified assistance, wherever you are.