Extradition is a formal process of a country surrendering a wanted person to another country for prosecution or trial for crimes committed in the requesting country. An extradition lawyers can help you fight the extradition process or help facilitate it according to the fugitive’s wishes and the law’s wishes. Sovereign countries don’t have any duties under international law to surrender a wanted person within their jurisdiction. However, bilateral extradition treaties between countries determine the extradition procedures, available defenses, and the scope of the extraditable crimes.
An extradition treaty defines the circumstances that an extradition between two countries occurs. It includes a list of agreed crimes that each country agrees to extradite. However, extraditions are also possible without a treaty through diplomatic relations.
Generally, there are five principles that countries must follow under a treaty:
The extradition of a fugitive depends on the laws of the countries involved. An extradition lawyer must address four essential questions before the extradition process.
A few reasons lead to the extradition of a fugitive:
Several factors influence extradition, even when two countries have an existing treaty. These include;
Here are a few alternatives to extradition that countries practice.
These include:
Extradition treaties contain exceptions to any extradition request between the countries. These exceptions protect potential defendants who would otherwise be subject to extradition under normal circumstances.
The doctrine of specialty clearly states that a fugitive, once extradited, will only be prosecuted for the alleged crimes that formed the basis of the extradition request. In some cases, it’s possible to prevent extradition based on evidence of an intent to violate the doctrine of specialty. An attorney should ensure that they do thorough research to defend you.
It’s crucial to remember that the statute of limitations is not common universally. Most countries’ extradition treaties state that an extradition request can’t go through if the statute of limitation for the purported crime has expired in the requesting country.
Failure to satisfy any procedural requirements necessary for extradition can provide a partial or complete defense. Any extradition lawyer needs to carefully check all aspects of an extradition request to determine if this is a plausible defense.
In order to grant an extradition request, the sending country must ensure that it satisfies the constitution’s probable cause requirement. If the requesting country doesn’t meet the requirement, then the sending country can’t permit the extraction request.
Nations can prevent extradition in cases where a delay in seeking extradition affects the sixth amendment right to a fast trial. If there’s evidence that the requesting county hasn’t actively pursued steps necessary to extradite them, this defense is available.
When facing extradition, you want an attorney with experience in international human rights who knows their way around the judicial system. While looking for an extradition lawyer, ensure they provide you with their past success cases in that field.
All you discuss with your lawyer needs to stay between you and the. Breach of information can hurt your case and is also unethical for the lawyer. Attorney-client privilege is, therefore, very crucial.
An attorney passionate about human rights will use aggressiveness at the right time, thus resulting in a better outcome for you.
Extradition involves a lot of research and time. Your attorney needs to research every aspect of extradition that benefits you.
An extradition attorney must carefully and thoroughly check all areas of the extradition request. They should be able to determine if your case merits defense strategies that will be important in your case.
The extradition process varies depending on the circumstances of the case and the nations involved. Hence it’s important to have a legal strategy in both the requesting and sending countries that attorneys consult.