What is Extradition?
Extradition is the surrender of an alleged criminal by one state or nation to another having jurisdiction over the crime charged. There are two types of extradition: interstate extradition (see out-of-state arrest warrants) and international extradition. This section details international extradition dealing with the surrender of an alleged criminal from one nation to another. International Extradition is a subcategory of federal criminal defense. What is the Basis for International Extradition?
International extradition is usually carried out pursuant to the terms of a treaty between two countries. The United States has used international extradition treaties with foreign countries since 1795. The United States currently has extradition treaties in force with over 100 countries. Under these treaties, the United States can request an individual be delivered to it or at the request of a foreign country the United States would have to deliver an individual to that country. Main Parties Involved
There are 3 main parties involved in an international extradition procedure: - Requesting Country - the country that seeks to bring the alleged criminal to its borders
- Requested Country - the country that receives the request of extradition
- Alleged Criminal - the individual who is the subject of the proceedings
Extradition to the requesting country is subject to the laws, procedures and policies of the requested country. Can a US Citizen Be Extradited to a Foreign Country?
Yes. Prior to World War II, the United States did not allow its citizens to be extradited to foreign countries. However, in 1990, Congress enacted legislation permitting extradition of a US national provided that all conditions of the extradition treaty are met. What Should You Do if You Have an International Extradition Procedure Pending against You?
You should consult a federal criminal defense lawyer who is familiar with extradition procedures and the treaty of the requesting country. If you are extradited from the US to another country, criminal penalties could be harsher. Consulting the right lawyer could positively influence the result of the extradition process pending against you. |
