Extradition law allows for the transfer of fugitives from one country or state to another upon request. Extradition requests are assessed on a case-by-case basis, with factors such as double criminality and political crimes taken into consideration. Countries cannot be forced to extradite prisoners, but must consider requests.
The extradition law is the body of law surrounding situations where fugitives are sent from place to place upon request. This term is often used in the sense of international extradition, such as if someone was sent from the United States to Norway to face justice. However, extradition can also be a domestic matter as a fugitive is transferred from one state or province to another.
Historically, there were no requirements for international extradition. Someone could evade justice by moving to another country and the original nation would have no legal recourse, other than to hope that the fugitive has crossed its borders again. In the 1800s, however, nations began making private agreements with each other that gradually developed into extradition treaties, and today extradition law covers many nations who will transfer fugitives among themselves when asked to do so.
However, the extradition law is very strict on the circumstances in which fugitives can be transferred. Each extradition request is assessed on its own to determine whether or not the request should be granted, and a number of factors are weighed. Under extradition law, countries cannot be forced to extradite prisoners, although they must consider extradition requests when they are made.
One of the most critical issues is that of double crime. If country A asks country B to extradite a fugitive to be charged with activities that country B does not consider a crime, the request will be denied. For the dual criminality standard to be met, both countries must agree that a particular activity is indeed a crime. Many nations also refuse extradition requests if there is a possibility of punishment they deem inhumane. For example, nations that have abolished the death penalty do not extradite fugitives accused of capital crimes to nations that use the death penalty. Similarly, nations that do not practice corporal punishment may refuse to extradite a fugitive who could face flogging.
Another major concern in international extradition law is political crimes. Various citizens experience varying degrees of political freedoms, and nations do not extradite prisoners to countries with repressive political regimes if those prisoners have committed crimes that could be considered political in nature. Often such requests do not meet the double criminality standard, but there may be situations where there are concerns that a detainee could face political persecution if extradited, or where there are doubts about the validity of the legal system. If the subject of such a request can demonstrate that a fair trial is unlikely or that there are other problems with the legal system, the request may be denied.
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