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NCJRS Abstract

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NCJ Number: 99642 Find in a Library
Title: Legal Assistance in Criminal Cases and Some Important Question of Extradition
Journal: Journal of International Law  Volume:15  Issue:1  Dated:(Winter 1983)  Pages:127-136
Author(s): V Shupilov
Date Published: 1983
Page Count: 10
Format: Article
Language: English
Country: United States of America
Annotation: This paper describes principles and agreements which govern cooperation, or legal assistance, on criminal cases among the U.S.S.R. and other socialist states, with particular attention to extraditing terrorists and war criminals.
Abstract: An overview of Western and Soviet block scholars' definitions of legal assistance is followed by a discussion of agreements concerning one state's acceptance of a criminal judgment pronounced in another state. The paper comments that the most important concept covered by the notion of legal assistance is extradition of criminal offenders. Contrary to Western opinion, the validity of the principle of political offense exception is accepted among the socialist states in their interrelations. In addition, asylum should be refused when granting it would place offenders in a position where they might again commit actions endangering other people. Acts of terrorism and hijacking of commercial airlines are good examples where asylum should be refused. No specialist in international law has spoken in favor of providing relief to offenders found guilty of crimes against peace and humanity. Nazi war criminals are not eligible for the political offense exception and are not affected by statutory limitations. The Draft International Penal Code provides that offenders guilty of crimes against peace and humanity should be extradited even in the absence of special extradition agreements. The paper includes 41 footnotes.
Index Term(s): Eastern Europe; Hijacking; International agreements; International extradition; Suspended sentences
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