Вы думаете, чтобы избежать наказания, достаточно move to another country? Dangerous criminals who have gone abroad are actively looking for the Central Bureau of Interpol. And if the villain is caught, then a trip back home awaits him in order to stand trial or serve his sentence. If to speak the language of jurisprudence, then extradition is the extradition of a criminal or an accused from one state to another for investigation and court proceedings.
Extradition terms
It is also worth noting that the extradition of criminalspossible on the basis of an international treaty or without it. The extradition of persons who are prosecuted in the homeland for political crimes is prohibited. Russia in recent years has noticeably intensified international activities and is trying to expand it. In particular, the Russian Federation has become a party to more than 300 international treaties, including in the provision of legal assistance in criminal matters.
International instruments
What do international treaties include?International law indicates that such agreements contain provisions on extradition, the production of judicial, procedural and investigative actions, the transfer of objects, as well as the extradition of convicted foreign court instances. Meanwhile, the obligation to extradite a criminal from a country where he is staying does not always occur.
Extradition of convicts - the right of the state?
It should be noted that the transfer of criminals -state law. However, there are cases when extradition is a mandatory procedure. In particular, if there is a corresponding international treaty, and a number of certain conditions are met. For example, a country that demands the extradition of an intruder must pledge not to punish the convicted person for other criminal acts. This means that if the transfer of the criminal occurs, he can be brought to criminal responsibility only within the framework of those articles of the Criminal Code, which were indicated in the extradition request.
Extradition procedure
Anyway, even if countries haveThe extradition agreement, the process of extradition of a convicted person, lasts a long time, since first of all it is necessary to observe a number of mandatory formalities. As a rule, such a procedure is carried out with the assistance of Interpol. All this happens as follows:
- the prosecutor's office of the state, which is looking for its citizen, sends a request to Interpol headquarters with an explanation of what and on what grounds a particular person is accused;
- after that, Interpol makes a decision (or refuses) to declare a criminal in the international search;
- if such a person is detained on the territory of a foreign state, the local court must decide on the extradition of the person;
- if the court allows such a procedure, then the transfer of the wanted person takes place immediately.
It should be noted that the extradition of criminals (extradition) may be delayed for several months. This process is almost always accompanied by a long bureaucratic correspondence.
However, the participation of Interpol is not necessarilythe transfer of the attacker can be made on the basis of international agreements between countries. The procedure in this case will be about the same. Remember that this procedure does not apply to citizens who have committed administrative or civil offenses.
Legislative issues
Вопрос касательно экстрадиции решается в разных countries in different ways. In the Criminal Code of the Russian Federation, there are also rules that regulate extradition issues. However, many scholars consider the institution of extradition irrelevant. This, in particular, is explained by the fact that agreements between countries regarding the extradition of intruders do not always comply with human rights standards. The most striking example of such a violation is the situation when countries have been negotiating for the transfer of the accused between themselves for several years, and a citizen whose guilt is not even proven has to be kept in custody. In addition, it should be noted that extradition is not only a complex and lengthy process, but also a costly process in terms of money. Naturally, the party that filed the request pays for the delivery of the criminal.
Regional and bilateral agreements
Although there are some difficultieswhen issuing intruders, it is simply impossible to do without such an institution. Now there are quite a few bilateral agreements on the transfer of convicts in the world, and Russia has also concluded such acts with many states. The agreement on the extradition of the Russian Federation was drawn up with almost all CIS countries (the 1993 Minsk Convention) and dozens of states from Asia. Of the European partners, a bilateral agreement has been signed with two countries - Italy and Lithuania. Also, an extradition agreement exists with one of the Latin American countries - Brazil.
Legal Relationship with the USA
It should be noted that the agreement with the United States onRussia did not conclude extradition. However, since 2000, the Russian Federation participates in the 1957 European Convention. Americans adhere to their principles in cooperation with our country:
- to conclude any acts providing for the extradition of criminals, is premature;
- cooperation with the Russian Federation is made only in specific cases, each of them will be considered separately;
- Russia can be issued its citizens, but only in the framework of the procedure, not extradition, but deportation.
Conclusion
So extradition is an act of legal aid,which is between the two countries concerned, representing the transfer of the person who committed the criminal offense, to serve the sentence or to bring him to criminal responsibility. To extradite or not extradite a citizen of another country, the state has the right to decide independently. If such a transfer is made, the country that filed the extradition request is obliged to hold its citizen liable only for those offenses that were indicated in the extradition request. For other crimes to punish a person in the framework of the extradition process is not allowed. As a rule, the international search of intruders is carried out with the assistance of Interpol.
Many states refuse to issueforeign nationals if they are charged in their home country for political reasons. Moreover, in some cases, another state may refuse to transfer an alien if its legislation does not provide for criminal punishment for the crime that is incriminated to a person in his homeland. If the wanted person faces the death penalty or there are compelling reasons to believe that the state that submitted the request cannot provide fair justice, the country where such a person is located also has the full right to refuse to extradite. In addition, if there is a suspicion that the country has filed a petition for extradition in order to prosecute a citizen on the basis of his racial, gender or nationality, sexual orientation, etc., he is not subject to extradition. The extradition process has many nuances, each country has its own rules and regulations for the extradition of criminals.
