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NCJRS Abstract

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NCJ Number: 157500 Find in a Library
Title: International Cooperation and Practical Technical Assistance for Strengthening the Rule of Law: Promoting the United Nations Crime Prevention and Criminal Justice Programme
Corporate Author: United Nations Secretariat
United States of America
Date Published: 1995
Page Count: 23
Sponsoring Agency: United Nations Publications
New York, NY 10017
United Nations Secretariat
New York, NY 10017
Sale Source: United Nations Publications
1st Avenue and 46th Street
Concourse Level
New York, NY 10017
United States of America
Type: Conference Material
Language: English
Country: United States of America
Annotation: Background information for a workshop on extradition and international cooperation includes an outline of the legislative and substantive information, various mechanisms for extradition, impediments to extradition, and relevant policy issues.
Abstract: Extradition is defined as the "official surrender of a fugitive from justice, regardless of his consent, by the authorities of the state of residence to the authorities of another state for the purpose of criminal prosecution or the execution of a sentence." Every extradition case may be regarded as an individual agreement under international law, notwithstanding that the parties may also have established general extradition relations by concluding a bilateral treaty or acceding to a multilateral extradition treaty. A discussion of the availability of extradition mechanisms focuses on alternatives to international extradition agreements, the negotiation of multilateral and bilateral instruments, and succession to existing instruments. A section on the problems in the preparation of extradition requests addresses dual criminality and the "list" approach, as well as political, tax, and fiscal offenses. A discussion of the problems in the execution of extradition requests considers refusal based on nationality and alternatives, refusals based on the principle of ne bis in idem, in absentia convictions and other humanitarian concerns, representation of the requesting state, and provisional arrest and sufficiency of documentation. The concluding section examines policy issues concerning impediments to extradition. The issues reviewed are policy development and bridging the gaps between legal systems, causes of delay and misunderstanding, and technical-cooperation activities and follow-up.
Main Term(s): Criminology
Index Term(s): Foreign laws; International cooperation; International extradition; Technical assistance reports
Note: Background paper for the workshop on extradition and international cooperation at the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Cairo, Egypt, April 29-May 8, 1995.
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