Extradition is a form of international cooperation in combating crime. It implies the transfer of the arrested persons suspected or accused of committing a crime (for trial), or persons already convicted by judicial authorities of another state (for execution of the judgment) by one state to another (on request). Within the United States, the term “extradition” also refers to rendition of the accused by one state to another.
As a rule, extradition is carried out on the basis of the agreement between the states concerned. This can be either a bilateral treaty or a multilateral convention between both the requesting and the requested states. The European Convention on extradition can serve as a model of such a convention.
In principle, extradition may take place without a convention, if it is provided for by the law of
the requested state.
Extradition is a right of the state, but not its duty. It is a duty only when there is a bilateral
treaty on mutual legal assistance in criminal matters. Continue reading “Extradition Research Paper”