The concept of double criminality in international law states that a person can only be extradited if the offence they are accused of is considered a crime in both the country where they are currently detained and the country seeking their trial. In other words, for extradition to occur, the alleged crime must be illegal in both countries.
In international law, double criminality is a necessary condition for extradition. This means that a crime must be punishable in both the country where the suspect is located and the country requesting extradition. For example, if a person is accused of a crime in Country A and seeks refuge in Country B, Country A cannot request extradition if the crime is not illegal in Country B. Similarly, if a person is accused of drug trafficking in Country A but drug trafficking is not a crime in Country B, extradition cannot be requested. Double criminality is essential to ensure that a person cannot be extradited for a crime that is not illegal in the country where they are currently located.
Double criminality is a legal principle that requires an act to be considered a crime in both the country where it was committed and the country where the accused is being prosecuted.
Double criminality is important in extradition cases because it ensures that individuals are not extradited for acts that are not considered crimes in the requesting country. It acts as a safeguard against potential abuse of the extradition process.
If the act committed is not a crime in the requesting country, the principle of double criminality may prevent the extradition from taking place. The accused cannot be extradited for an act that is not considered a crime in the requesting country.
Yes, there are exceptions to the principle of double criminality. Some countries have extradition treaties that allow for extradition even if the act is not a crime in the requesting country. Additionally, certain offenses such as terrorism or drug trafficking may be considered extraditable offenses regardless of double criminality.
Yes, the requesting country can waive the requirement of double criminality if it deems the offense serious enough to warrant extradition, even if the act is not a crime in their jurisdiction.
If the act is a crime in both countries but the elements of the offense differ, the principle of double criminality may still be satisfied. The key consideration is whether the essential elements of the offense are present in both jurisdictions.
Yes, the assessment of double criminality can vary between countries. Each country has its own legal system and definitions of crimes, so what may be considered a crime in one country may not be in another.
No, double criminality is not required in all extradition cases. Some countries have extradition treaties that do not require double criminality for certain offenses, such as terrorism or drug trafficking.
Yes, double criminality can be challenged in court during extradition proceedings. The accused can argue that the act they are being extradited for does not meet the requirement of double criminality.
Yes, double criminality can change over time as laws and societal norms evolve. Acts that were not considered crimes in the past may become criminalized, and vice versa. It is important to consider the legal framework at the time of the alleged offense when assessing double criminality.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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