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44 votes
Accepted

Can you be made a citizen against your will and extradited?

You can be extradited from Country A to Country B even if you are a citizen of neither. What matters is whether B can convince A to do it, which is typically on the basis of a treaty between them as ...
Brandon Rubeck's user avatar
39 votes
Accepted

How is a person residing abroad subject to US law?

The US has jurisdiction because the systems that the accused allegedly attacked are in the US. To use an example with older technology, you can't escape criminal liability for defrauding someone in ...
phoog's user avatar
  • 37.8k
24 votes

How is a person residing abroad subject to US law?

You do not have to reside in the US to be subject to US law (likewise UK law), nor do you even have to ever be physically present. The alleged crimes, 18 USC 1030(a)(2)(C), 1343, 1349, 1956(h), only ...
user6726's user avatar
  • 215k
17 votes

Can you be made a citizen against your will and extradited?

Made a citizen? Probably not. Citizenship that is not acquired at birth normally requires some active step on the part of the person. Not know you are a citizen? Sure. Plenty of people, particularly ...
Dale M's user avatar
  • 213k
15 votes

Minimum penalty for extradition makes no sense?

You might be misreading the extradition criterion The UK–USA extradition treaty has an example of the clause you're asking about: An offense shall be an extraditable offense if the conduct on which ...
Jen's user avatar
  • 59.2k
13 votes

Extradition without treaties?

So is it correct to assume here "extradition" is not used in its most technical sense? It sounds like rather than actual extradition, these cases are about illegal activities in Thailand and ...
xngtng's user avatar
  • 6,128
12 votes
Accepted

Why did US v. Assange skip the court of appeal?

The decision which Assange sought to appeal, United States v Assange [2021] EWHC 3313 (Admin), was a decision of a divisional court of three judges. That is because s 26 of the Extradition Act 2003 ...
sjy's user avatar
  • 9,286
12 votes

Dual Criminality for weapons?

Canada and most other jurisdictions internationally have opted to implement the double criminality principle through the conduct-based approach that asks whether the conduct in the foreign ...
Jen's user avatar
  • 59.2k
11 votes

I murder someone in the US and flee to Canada. If Canada refuses to extradite do they then try me in Canadian courts

Absent exceptional circumstances like war crimes, Canada would not try the suspect for murder. It might incarcerate the suspect, however, while engaging in negotiations with U.S. officials to try the ...
ohwilleke's user avatar
  • 220k
11 votes

Can you be made a citizen against your will and extradited?

Extradition could the US make a person a US citizen specifically to be able to charge them with a crime and possibly extradite them. This part of the question is based upon a false premise. ...
ohwilleke's user avatar
  • 220k
11 votes

Is it possible for India to extradite its own citizens?

In general, A country X can extradite people in X to country Y, at the request of Y and to the extent authorised by X's own law. Typically, there will be an extradition agreement between X and Y (a ...
alexg's user avatar
  • 7,000
7 votes

Why did US v. Assange skip the court of appeal?

The High Court can certify a matter as warranting consideration by the Supreme Court as a "leapfrog appeal." See Practice Direction and Part II of the Administration of Justice Act 1969. The ...
Jen's user avatar
  • 59.2k
6 votes
Accepted

Was the Dec. 2018 arrest of Huawei's CFO in Canada legal?

The Star Vancouver has a good article outlining the actual charges. Meng is not charged with "violating an embargo" but with defrauding U.S. financial institutions. It may be easier to report that the ...
Dave D's user avatar
  • 5,595
6 votes

Who appointed the judge for Julian Assange's extradition hearing?

how are judges in the UK appointed to cases in general? The Resident Judge or the Presiding Judge of the relevant court allocates cases to their fellow judges. Residing Judges sit at specific courts (...
Matthew's user avatar
  • 3,772
6 votes

Why is Julian Assange in jail?

There are two reasons for jail: Applying the sentence Denying the accused the opportunity of fleeing, destroying evidence or doing the same felonies again. The last part is always a difficult one, ...
SJuan76's user avatar
  • 5,879
6 votes

Can you be made a citizen against your will and extradited?

I’m not aware of a provision of U.S. law that allows a person whom the U.S. government agrees was never a citizen to be forcibly naturalized. One of the few crimes for which not being a citizen would ...
Davislor's user avatar
  • 2,904
6 votes

How would an extradition work when only one of two actions was criminal?

Extradition is done for specific charges. A principle found in virtually all extradition treaties called the "rule of specialty" says that the country requesting extradition may not ...
cpast's user avatar
  • 24.1k
5 votes
Accepted

If a US citizen murders a fellow citizen in a foreign country, where does the trial happen?

where does the prosecution occur? Prosecutions generally occur where a crime is committed. The area where a crime or other wrongdoing is committed is considered the proper "forum" for ...
A.fm.'s user avatar
  • 2,840
5 votes
Accepted

What is the difference between categories of countries in the extradition act 2003?

Category 2 countries are those that implement the European Arrest Warrant framework which allows for a simplified and uniform extradition process between such countries. Category 1 countries are those ...
Jen's user avatar
  • 59.2k
5 votes
Accepted

Do governments with Rule of Law sometimes (too broad of word?) hand over their citizens even without extradition treaties?

There are circumstances in which countries that are generally recognized to follow the rule of law will extradite in the absence of a treaty. For example, the U.S. generally will not extradite absent ...
Jen's user avatar
  • 59.2k
5 votes

Criminal proceedings for a criminal who committed crimes in multiple countries

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 ...
ohwilleke's user avatar
  • 220k
4 votes
Accepted

Russian law of extradition

The Russian Constitution Article 61(1) prohibits this, stating "The citizen of the Russian Federation may not be deported out of Russia or extradited to another state".
user6726's user avatar
  • 215k
4 votes

What happens if you commit two murders in two different countries (not your own) and is apprehended in a third country?

The country where the accused person was arrested would extradite that person to one of the countries where the crimes had been committed. The extradition treaties or the law of the arresting country ...
David Siegel's user avatar
4 votes
Accepted

What countries blindly protect their own citizens from extradition?

The default is that countries are not required to repatriate alleged criminals It is one of the cardinal provisions of sovereignty that one country cannot "reach into" another country's territory for ...
Dale M's user avatar
  • 213k
4 votes
Accepted

Would Australia extradite an Australian fugitive who escaped from an Indonesian prison?

Typically in extraditions, the treaties will only allow for extraditions if both nations have a similar crime and similar punishment for that crime. In this case, there maybe some pause for ...
hszmv's user avatar
  • 23k
4 votes
Accepted

Has the United States ever agreed to extradite anyone to any of the EU nations for a procedural crime?

The U.S. routinely extradites criminal defendants located in the United States to the E.U. Each year since 1990, OIA has opened between 670 to 950 extradition cases based on requests from U.S. ...
ohwilleke's user avatar
  • 220k
4 votes
Accepted

Can a person be extradited to another country even if the charges levied against that person were proven to be false in Canada?

Under Canada's Extradition Act, extradition requires an agreement (which exists between Canada and the US), and the alleged act would be a crime in Canada. Canada does not criminally prosecute the ...
user6726's user avatar
  • 215k
4 votes
Accepted

Are extradited prisoners residents of the receiving country?

germany Does the prisoner need a long term resident "prisoner" visa, or something like that? No, during detention a residence permit is not required. Does the prisoner need to register as ...
Mark Johnson's user avatar
  • 5,653

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