CIVIL, Criminal

Law of Extradition

Source of Law

  1. National Legislation
  2. International Treaty

An extradition treaty is the legal mechanism countries use to pull alleged criminals out of other countries. The terms and conditions vary. Some countries, like France and Brazil, won’t extradite their own citizens, no matter the circumstance.

Generally speaking, for an extradition to succeed, the alleged criminal act can’t be political in nature and must be a crime in both jurisdictions, and the suspect cannot be in danger of receiving the death penalty or torture if transferred.

Absent a formal treaty, extraditing a person is much more difficult, but it’s certainly not impossible. There is a possibility that the fugitive may be kidnapped without the knowledge of the host.