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If a criminal from another country (say Australia) were to commit crimes there and flee to the United States, what government would track him? After capture, would he be returned to the Australian government or incarcerated in an American prison? What if he committed crimes in America in addition to those in Australia?

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If a criminal from another country (say Australia) were to commit crimes there and flee to the United States, what government would track him?

The Australian government, or at least a law enforcement agency somewhere in Australia, would try to locate him and might ask for U.S. government or U.S. law enforcement agency assistance in doing so.

An international organization known as INTERPOL, together with Australian diplomats, would assist the law enforcement agency investigating the case in doing so.

After capture, would he be returned to the Australian government or incarcerated in an American prison?

The Australian national government would make a request to the U.S. federal government to have the suspect extradited from the U.S. to Australia. A U.S. court supervising the facility in which the suspect was held would hold an extradition hearing prior to doing so, if the extradition hearing was not waived by the suspect. If the grounds for extradition were established in the hearing, the suspect would be transferred to Australian law enforcement officials.

What if he committed crimes in America in addition to those in Australia?

Any crimes committed in the United States would be subject to trial in the United States. There would be some discretion over whether the Australian would first be tried for the U.S. crimes and then extradited to Australia after any U.S. sentence was completed, or whether the suspect would be extradited to Australia first and then returned to the U.S. for trial after the sentence for the Australian crimes was completed.

It wouldn't be unprecedented for the U.S. to prosecuted and convict (or acquit) the suspect in the U.S. and then to reach an agreement with Australia to have to suspect, if convicted of the U.S. crime, to serve the sentence for that crime in Australia by special arrangement between the U.S. and Australia. Then, the suspect would face a trial in Australia on the Australian charges while serving the sentence on the U.S. conviction in the Australian criminal justice system.

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  • You might want to cover the situation where the act is a crime in both jurisdictions simultaneously
    – Dale M
    Apr 17 at 20:45
  • @DaleM I'm not feeling creative enough to come up with a good example. Have at it if you can think of one. Under U.S. law, you could be prosecuted and convicted in both countries for the same conduct framed as similar crimes. I don't know how Australian law would apply in that context.
    – ohwilleke
    Apr 17 at 20:47
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    @ohwilleke I can think of one. It involves the law against Americans travelling overseas in order to hire under-age prostitutes.
    – nick012000
    Apr 19 at 9:30
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Criminal proceedings for a criminal who committed crimes in multiple countries are complex and depend on various factors. Here's a breakdown:

Most of the time, trials happen in the country where the crime happened. This is because of the principle of territorial jurisdiction, which says that a country has legal control over crimes that happen within its lines. In this case, a crime that happened in France would be handled in France.

There are exceptions for certain crimes: International crimes are things like murder, piracy, and war crimes that break international law. These can be tried by international courts like the International Criminal Court (ICC).

Attacks on a large group of people, like murder, torture, and rape, are called crimes against humanity. They can be tried in international courts, just like foreign crimes.

Many countries have extradition deals that let people be sent to other countries to stand trial. If a criminal is in Country B but did crimes in Country A, Country A can ask for the criminal to be sent back to be tried in their courts.

In the end, each case is looked at individually. Prosecutors, police, and maybe even foreign courts all have a say in where the trial takes place, taking into account things like where the evidence is located, how many witnesses are available, and how bad the crimes were.

This is a simple explanation of international criminal law, which is a very complicated part of the law. If you want to know more about a certain case, you should talk to an expert in foreign law.

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    This answer goes far off topic, confounding the question with inapplicable issues like the ICC, restates the question more than answering it, and feels like it may be AI generated. It appears to be designed to market a law firm rather than to provide a good faith answer to the question.
    – ohwilleke
    Apr 17 at 0:27

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