Concept in Definition ABC

The term extradition is part of the legal terminology and is related to criminal activity. An extradition of a criminal occurs when he is captured outside his own country and is returned to the authorities of his country of origin. For this to happen, three circumstances must exist: that the crime committed is considered as such in the country where the offender is captured, that between both nations there is a bilateral agreement for extradition and that the offender is a fugitive and not a prisoner political.

The legal idea of ​​extradition is due to the need to combat the crime from international cooperation, to prevent criminals from fleeing with impunity and not assuming their responsibilities for the crime committed. In this way, from the legal point of view, this legal figure is framed in the International right and related to Procedural law or criminal.

General procedure

At first a criminal is arrested in a country that is not his. Second, the authorities seeking to regain custody of the criminal request the extradition to the authorities that have captured him and, finally, if there is a bilateral agreement between both nations, the return is made of the criminal.

As is logical, for this to occur, there must definitely be a evaluation to determine whether the extradition is in accordance with the legality. When the extradited person is already under the guardianship of the authority court of your country is already in provision to be judged.

The majority trend in bilateral relations in cases of extradition of a criminal is based on one principle: reciprocity. This assumes that the country requesting the extradition is in a position to grant it (in ordinary language it could be said that a country collaborates because another country is willing to collaborate).

On the other hand, extradition is granted if the criminal is going to be tried in relation to the reasons alleged in the requested extradition and not for other reasons. One of the most common general aspects is the denial of extradition in the event that the offender is from the nation that has stopped him (this guideline is a rule widely recognized by most laws).

This general procedure incorporates a number of possible particular circumstances. Along these lines, the delivery of the offender can be very complex and be subject to changing bilateral relations and legal interpretations of certain legal difficulties.