extradition


extradition
/ek'streuh dish"euhn/, n.
the surrender of an alleged fugitive from justice or criminal by one state, nation, or authority to another.
[1830-40; < F; see EX-1, TRADITION]

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Process by which one state, at the request of another, returns a person for trial for a crime punishable by the laws of the requesting state and committed outside the state of refuge.

Extradition is regulated within countries by extradition acts and between countries by treaties. Some principles of extradition are common to many countries. Most decline to surrender their own nationals. Countries also generally recognize the right of political asylum. In view of the solidarity of nations in the repression of crime, however, countries are usually willing to cooperate in bringing criminals to justice.

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law
      in international law, the process by which one state, upon the request of another, effects the return of a person for trial for a crime punishable by the laws of the requesting state and committed outside the state of refuge. Extraditable persons include those charged with a crime but not yet tried, those tried and convicted who have escaped custody, and those convicted in absentia. The request distinguishes extradition from other measures—such as banishment (exile and banishment), expulsion, and deportation—which also result in the forcible removal of undesirable persons.

      According to the principle of territoriality of criminal law, states do not apply their Penal Laws to acts committed outside their boundaries except in the protection of special national interests. In helping to suppress crime, however, states generally have been willing to cooperate in bringing fugitives to justice.

      Extradition is regulated within countries by extradition acts and between countries by diplomatic treaties (see treaty). The first act providing for extradition was adopted in 1833 by Belgium, which also passed the first law on the right to asylum. Extradition acts specify the crimes that are extraditable, clarify extradition procedures and safeguards, and stipulate the relationship between the act and international treaties. National laws differ greatly regarding the relationship between extradition acts and treaties. In the United States, extradition may be granted only pursuant to a treaty and only if Congress (Congress of the United States) has not legislated to the contrary, a situation that also exists in Britain, Belgium, and The Netherlands. Germany and Switzerland extradite without a formal convention in cases where their governments and the requesting state have exchanged declarations of reciprocity. Although there has been a long-standing trend toward denying extradition requests in the absence of a binding international obligation, fugitives are sometimes surrendered by states on the basis of municipal law, or as an act of goodwill. Nevertheless, countries that do not have extradition agreements with certain other countries (or in regard to certain types of offense) have been considered safe havens for fugitives.

      Some principles of extradition are common to many countries. For example, many states decline any obligation to surrender their own nationals; indeed, the constitutions of Slovenia and, until 1997, Colombia prohibited the extradition of their nationals. In Argentina, Britain, and the United States, nationals may be extradited only if the governing extradition treaty authorizes it. Another common principle is double criminality, which stipulates that the alleged crime for which extradition is being sought must be criminal in both the demanding and the requested countries. Under the principle of specificity, the demanding state can prosecute the extraditee only for the offense for which the extradition was granted and may not extradite the detainee to a third country for offenses committed before the initial extradition. Although states have recognized certain exceptions to this principle—and some rules allow the extraditee to waive it—it is critical to the exercise of the right of asylum. If the demanding state were permitted to try an extraditee for any offense that suited its purposes (e.g., for a political offense), the right of asylum would suffer under both national and international law.

      One of the most controversial issues relating to extradition is the exception for most political offenses, a standard clause in most extradition laws and treaties that provides the requested state with the right to refuse extradition for political crimes. Although this exception arguably has acquired the status of a general principle of law, its practical application is far from settled. The evolution of international law and the development of a nearly universal consensus condemning certain forms of criminal conduct have restricted the principle's scope so that it now excludes the most heinous of international crimes—e.g., genocide, war crimes (war crime), and crimes against humanity. Apart from these and a few other cases, however, there is very little agreement on what constitutes a political crime, and states can thus exercise considerable discretion in applying the political offense exception.

George J. Andreopoulos
 

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Universalium. 2010.

Synonyms:
(of fugitives from justice by one nation to another)


Look at other dictionaries:

  • Extradition — is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties. Between sub national regions… …   Wikipedia

  • EXTRADITION — EXTRADITI Acte par lequel un État remet à un autre État qui lui en fait la demande un individu recherché ou déjà condamné par les juridictions pénales du pays requérant. L’extradition n’est, tout d’abord, qu’un simple engagement de courtoisie… …   Encyclopédie Universelle

  • extradition — ex·tra·di·tion /ˌek strə di shən/ n [French, from Latin ex out + traditio act of handing over, from tradere to hand over]: the surrender of an accused usu. under the provisions of a treaty or statute by one sovereign (as a state or nation) to… …   Law dictionary

  • extradition — (n.) 1833, from Fr. extradition (18c.), apparently a coinage of Voltaire s, from L. ex out (see EX (Cf. ex )) + traditionem (nom. traditio) a delivering up, handing over, noun of action from tradere to hand over (see TRADITION (Cf. tradition)).… …   Etymology dictionary

  • Extradition — Ex tra*di tion, n. [L. ex out + traditio a delivering up: cf. F. extradition. See {Tradition}.] The surrender or delivery of an alleged criminal by one State or sovereignty to another having jurisdiction to try charge. [1913 Webster] …   The Collaborative International Dictionary of English

  • extradition — [eks΄trə dish′ən] n. [Fr < L ex, out + traditio, a surrender: see TRADITION] the act of extraditing, as by treaty, a person accused or convicted of a crime …   English World dictionary

  • EXTRADITION — Biblical Sources EXTRADITION OF SLAVES The Torah relates directly to the issue of extradition in the context of a slave who flees from his slavery, prohibiting a person from returning to his master an escaped slave who is now in his custody: Do… …   Encyclopedia of Judaism

  • Extradition — L extradition est une procédure juridique par laquelle un État livre l auteur d une infraction à un État étranger qui le réclame, pour qu il puisse y être jugé ou exécuter sa peine. L extradition est souvent permise par l existence d un accord… …   Wikipédia en Français

  • extradition — noun VERB + EXTRADITION ▪ avoid, escape ▪ It won t be easy for them to escape extradition. ▪ ask for, demand, request, seek ▪ …   Collocations dictionary

  • extradition — n. 1) to ask for extradition 2) to grant smb. s extradition 3) to fight, oppose extradition 4) to waive extradition ( to agree to be extradited ) * * * [ˌekstrə dɪʃ(ə)n] oppose extradition to ask for extradition to fight to grant smb. s… …   Combinatory dictionary


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