extradition

Question 1

Definition: -

Answer 1

“The delivery of a person; suspected or convicted of a crime, by the state where he has taken refuge or taken asylum, to the state that asserts jurisdiction over him.”

Question 2

Explanation: -

Answer 2

Generally each state has full jurisdiction over all its subjects within its territory. But sometimes a state becomes helpless to punish a guilty person. It is so because such guilty person after committing crimes fled away to another country.

Question 3

Explanation: -(2)

Answer 3

So if there is no co-operation between nation states in handing over the criminals to the affected states, the end of justice with its real sprite cannot be attained. Due to this fact the nation-states adopt the doctrine of extradition. In other words, the nation states hand over the criminals to the affected states in the administration of justice.

Question 4

Basis

Answer 4

International law neither recognizes the rules regarding extradition, nor it recognizes any general duty on the nation-states in this connection. Rather the doctrine of extradition is based on some general universal principles. And it arises from the provisions of treaties between the nation-states.

Question 5

Basis (2)

Answer 5

If there is no treaty between nation- states for extradition, the country asserts jurisdiction over the criminal is not bound to extradite him to the affected country. In other words extradition is the product of the treaties between the nation states, but it may not be said that without any treaty there would be no extradition.

Question 6

basis (3)

Answer 6

Rather the nation states in pursuance of mutual co-operation sometimes extradite the criminals to the other country although in the absence of any treaty. Restriction: - As for as Extradition is concerned, it mostly depends upon treaties.

Question 7

the conclusions of a treaty the nation-states usually consider the following restrictions established by Courts in this behalf;

Answer 7

1. Existence of a Formal
2. Honour of Treaty
3. Political Criminal
4. Religious Criminals.
5. The Rule of Speciality
6. Double Criminality
7. Prima facie Evidence
8. Fulfillment of Formalities

Question 8

2. Honour of Treaty: -

Answer 8

In case of a treaty for extradition it is important to fulfill all the conditions and terms of the said treaty

Question 9

3. Political Criminal: -

Answer 9

There is an important principle in international law that the political criminal shall not be extradited. It is also a restriction on the scope of extradition

Question 10

3. Military Criminals: -

Answer 10

Military criminals shall also not be extradited who have not been charged of war crimes

Question 11

4. Religious Criminals: -

Answer 11

Religious persons shall also not be extradited.

Question 12

5. The Rule of Speciality: -

Answer 12

The extradition of a criminal for a particular crime entitles the requesting state only to prosecute him for that crime and not otherwise, the rule is said to be rule of speciality. It is also a bar on the soul extradition.

Question 13

6. Double Criminality: -

Answer 13

Another bar on the extradition is the principle of double criminality. According to this principle the crime for which the extradition of a person is requested shall be of a nature be incorporated in the domestic laws of both the states.

Question 14

7. Prima facie Evidence: -

Answer 14

Prima facie evidence is another restriction on the scope of extradition. It means that there should be sufficient evidence for crimes relating to extradition.

Question 15

8. Fulfillment of Formalities

Answer 15

It is also equally important to fulfill all other formalities as are necessary for extradition.

Question 16

1. Existence of a Formal Treaty: -

Answer 16

The existence of a formal treaty is also sometimes becomes much necessary. Because, it is generally a matter of bilateral treaty. So, mereagreement or notification is not sufficient to bind the state to extradite a criminal. The existence of a formal treaty is necessary because the state may refuse to extradite the criminals in the absence of any treaty in this behalf.

Question 17

Conclusion: -

Answer 17

So, in the light of the above discussion it may be concluded, that extradition is subjected to many restrictions. And an attempt should be made to overcome such restriction. Because, it is inevitable to punish a person for the crime committed by him in the administration.