Questions tagged [extradition]
Deporting or rendering a person sought by another state for prosecution.
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Dual Criminality for weapons?
The various forms of defensive spray, like pepper spray, are illegal in the United Kingdom under the Firearms Act for civilians to carry.
In the Kingdom of Spain, certain pepper spray brands are legal ...
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Dual-criminality and conduct approach?
I was reading this article published by a Spanish lawyer firm, on the topic of extradition from Spain to a requesting country.
I wanted to clarify my understanding of this section, quoted below.
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Section 184 of the Canadian Criminal Code and Foreign Actors
This is inspired by recent events, but I will not be naming names.
My understanding of section 184 is that people in Canada are allowed to intercept communications by any means provided that they ...
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EU member extradition
Pretend that a country within the European Union (EU) has refused to extradite somebody, after an extradition request from another country, following a court ruling in the extraditee's favour.
If the, ...
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Is it possible to file a criminal case on a person who doesn't even live in your country?
Follow follow up to this question. I got reminded today somehow that this actually happened in my life, and to date nothing has happened. I gave into their request and deleted the review so that they'...
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Crimes commited in foreign country with capital punishment
So the death penalty does not exist in the UK, and correct me if I'm wrong, but I beleive our laws also state that a person may not be extradited for prosecution if the conviction of the crime will ...
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Does someone get punished if they commit a crime outside of "legal jurisdiction"? (i.e. abroad in another country)
Hypothetical Scenario
Let's consider a scenario where you have killed someone in China and somehow managed to evade the Chinese authorities, returning to America.
The Chinese then release irrefutable ...
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Do governments with Rule of Law sometimes (too broad of word?) hand over their citizens even without extradition treaties?
Prompted by this question.
For example, officials from Cuba or Iran (or even friendly countries like Taiwan, Ukraine, etc) officials go to US officials, present evidence that one of their nationals ...
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Is it possible for India to extradite its own citizens?
The Extradition Act deals with extradition in India.
But in its Sections it doesn't have any such provisions or details. and can State High court of India enquire into such extraditions?
user49663
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Why did US v. Assange skip the court of appeal?
The high court’s appeal was further sought to be appealed to the UKSC but not first to the EWCA. Why was the Court of Appeal passed over in this case?
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When is the next significant date on the horizon in the judicial proceedings against Julian Assange?
Australian journalist Julian Paul Assange is in remand pending the CPS appeal against his triumph in the extradition proceedings against him for offences under the U.S. espionage act.
When is the next ...
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Could Julian Assange have elected for the portions of his extradition proceedings conducted at Westminster magistrates to have been in crown court?
Parts of the extradition proceedings thus far of Julian Assange have taken place in Woolwich Crown Court, others in the old Bailey, others like his post-triumph bail hearing and also monthly case ...
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Minimum penalty for extradition makes no sense?
I have been looking into extradition law, focusing on the United Kingdom (England and Wales jurisdiction) wanting to extradite an individual back from a country abroad.
There are many factors to ...
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If a crime happens between two parties in different countries over the internet, what laws apply? [duplicate]
Lets say, for the sake of example, it's a severe crime (punishable by jail time) in the United States to say that someone stinks.
Person A is from Brazil where no such law exists
Person B is from the ...
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How would an extradition work when only one of two actions was criminal?
Pretend somebody committed two different acts that were considered crimes in their country. This person then fled to another country, where only one of their acts is considered a crime.
In the above ...
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Are there countries which neither extradite to the UK nor prosecute the accused themself?
Despite an alleged crime meeting the double-criminality requirement, are there any countries that would not extradite a British national back to the united-kingdom nor prosecute the accused themself?
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What is the difference between categories of countries in the extradition act 2003?
What is the purpose of dividing countries into different categories at all?
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How do extraditions work between countries with different law contexts?
As part of an international investigation between Morocco and the FBI, the 21-year-old Frenchman was arrested and jailed in Morocco. He is wanted by the United States for his alleged involvement in ...
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Can Tunisia prosecute for crimes committed outside its territory?
I was doing some research into extradition recently, having been inspired by The Great Train Robbery. Since the story involved extradition of British nationals, that committed a crime within the UK, I ...
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Are extradited prisoners residents of the receiving country?
I'm interested in answers for various jurisdictions.
If a person of country A is extradited to country B, are they considered to be residents of country B while they are serving their sentence?
Notice ...
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Can you be made a citizen against your will and extradited?
Can someone who does not consider himself a US citizen be extradited and punished for a US felony crime due to a US citizenship?
I was fascinated by the above linked question. Most of the material in ...
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In this day and age, how hard is it to get away with a (non-political) crime by escaping to a different country?
While extradition treaties exist, the worldwide network of extradition treaties is quite sparse, and in addition many countries have a policy to never extradite their own citizens.
This might lead one ...
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Extradition without treaties?
I came across some new reports about Japanese scammers being extradited from Thailand. But my research seems to suggest that no extradition treaties exist between the two countries as of now.
From ...
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Can a person be extradited to another country even if the charges levied against that person were proven to be false in Canada?
Meng is not being tried in the Canadian court. Authorities there are
holding hearings to determine whether the US extradition request can
proceed.
https://www.scmp.com/news/china/society/article/...
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Why is Julian Assange in jail?
Further to another question asked on these boards:
Julian Assange was sentenced to 50 weeks for jumping bail on 1 May 2019
Presumably, his jail term began immediately upon sentencing, in which case he ...
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Can a person serving a sentence be extradited?
Can a person serving a sentence be extradited? Let's say a person serves a 10 year sentence in the U.S., but China wants to get him extradited so he can be tried and then jailed for murder. How does ...
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If Bob has citizenship in countries A and B, and commits a crime in country B that is illegal in both countries, what happens?
Say Bob commits some first-time offense while living in country B, and is a citizen of both country A (let's pretend is the United States to help paint a more clear picture on jurisdictions) and B (...
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Could the US extradite the Russian Hackers?
Many people get extradited for breaking a country's laws by hacking against that country. This is how International Cyberattackers get brung to justice, But what if one Jurisdiction Government ...
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How is a person residing abroad subject to US law?
I am reading this press release of the U.S. Attorney’s Office for the Northern District of California.
The attorney states that:
Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United ...
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I murder someone in the US and flee to Canada. If Canada refuses to extradite do they then try me in Canadian courts
The murder is committed on US soil. the fugitive flees to Canada. The US requests Canada arrest the fugitive, which they do. US requests extradition. Canada refuses because US has capital punishment. ...
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Who appointed the judge for Julian Assange's extradition hearing?
That is, how are judges in the UK appointed to cases in general and to this case in particular?
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Has the United States ever agreed to extradite anyone to any of the EU nations for a procedural crime?
Has there ever been a case of an attempt to extradite a US citizen to any of the EU states?
I don't necessarily mean a procedural crime (like lying to the police or lying on some official form). Tax ...
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How hard is it for for Russia to get New Zealand to extradite people wanted for crimes in Russia?
Does New Zealand have an extradition treaty with Russia? In any case, I heard recently that NZ is sometimes willing to extradite to countries that it doesn’t have treaties with. But how hard or easy ...
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Extradition after statute of limitations expires?
If a villain were to commit a murder in Norway, which has no statute of limitations for murder, but managed to evade the police and escape to another country - how would extradition work? This assumes ...
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If a US citizen murders a fellow citizen in a foreign country, where does the trial happen?
If an American citizen murders another American citizen abroad in a country which an extradition treaty exists, but is first arrested back in the United States where they have since returned to - ...
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Extradite or deport a criminal while there is no treaty between the two countries of Iran and Canada
Thank you for considering my question.
There is a criminal who has been tried in court and proven guilty and received sentences for a series of crimes including threat to kill and withdrawing money ...
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California requesting extradition of fugitives from a foreign country
By reading up on the law stackexchange website, I know that for California to seek extradition of any fugitives from a foreign country, it needs to go through the State Department and the Department ...
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Would Australia extradite an Australian fugitive who escaped from an Indonesian prison?
If an Australian was convicted of committing a crime in Indonesia, then escaped from an Indonesian prison, and somehow made it back to Australian soil, would the Australian government extradite them ...
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can you get prosecuted for a crime in country(A) for a crime that took place in country (B)?
if (Bob) who lives in country(A) infringes copyright of citizens of country (B) and hacks into country(B) government servers and continues to do crime against country(B),if country (A) and country(B) ...
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Being extradited just for loss of time
In case a person living in a European country gets sued in an other European country because at the suer's say the interested person has committed such and such a thing against them, while it is ...
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Can I be arrested in US consulate for a warrant in the states?
A few years ago I came to Mexico to stay for a while. While I was here I was summoned for court in Arizona, but never appeared (because I'm in Mexico). A warrant was issued for my arrest a few months ...
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Can the U.S demand extradition of a non-U.S national who committed a crime against a U.S national in a country other than the U.S.?
Is it true that the U.S can ask extradition of a non U.S person who has committed a crime against a U.S citizen in a country other than the U.S? I mean, I don't condone crimes but how can it possibly ...
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Question about extradition [closed]
I saw a video about the protests taking place in Hong Kong just a few minutes ago and it took my attention for a while, so a question about a slightly different scenario came in my mind and I'd like ...
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What countries blindly protect their own citizens from extradition?
I was surprised to learn (in the background for the recent
protests) that a Hong Kong resident can murder someone in Taiwan
and go back to Hong Kong with no consequences
(by the way, the murderer is ...
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In the English law, how is a conflict of interest between an extradition request and a criminal conviction solved?
This question was motivated by Julian Assange's famous case, but it is a more general question.
As it is known, he currently has a conviction of 50 weeks prison term for bail jumping. Thus, England ...
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What is the priority of potential extraditions in Assange case?
Julian Assange has been arrested by the Metropolitan police for jumping bail and also pertaining to an extradition request from the US.
Also the lawyer for one of the alleged victims of sexual ...
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US extradition or domestic prosecution of US based foreign cyber crime?
I’m a cybersecurity professional familiar with the extradition of foreign cyber criminals to the US. But what if the situation were flipped? Given the following scenario what would likely happen?
US ...
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Which law prevented the extradition of this Nazi war criminal?
I just watched with the greatest anger the following video about an unrepentant Nazi war criminal who has become the subject of considerable Neo Nazi worship. YouTube Link
As explained therein, the ...
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Was the Dec. 2018 arrest of Huawei's CFO in Canada legal?
Meng Wanzhou, the CFO of the Chinese company Huawei was recently arrested in Canada, and is facing extradition to the US, allegedly on charges of breaking violating U.S. sanctions on Iran.
The thing ...
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Is there any legal recourse in the UK if an employee leaves with sensitive company information to a third world country? [closed]
Employee x was recently fired, who subsequently took with him lists of clients and started mailing them with damaging statements about company y.
Company y spends a significant sum to get a lawyer to ...
