In recent years, the number of persons subject to extradition has increased. What is it about? Extradition is the handing over of a person, a citizen of one or another state, to the competent authorities, which are engaged in searching for him or her in order to execute a sentence or bring him or her to criminal responsibility. Protection of a person’s interests during extradition to Ukraine is one of the areas of activity of “PRIKHODKO & PARTNERS” lawyers.
Stages and features of extradition
The stages and features of extradition are described in Chapter 44 of the Criminal Procedure Code of Ukraine. Extradition consists of the following stages:
- Establishing the place of residence of a person through the preparation of an official appeal to the state where he is located.
- Checking the circumstances that may prevent issuance.
- Making a final decision (upon request).
- The actual transfer of the person under the jurisdiction of the state that prepared the corresponding request.
Extradition, that is, “surrender of a person” and the measure of punishment is determined in the Criminal Procedure Code of Ukraine in accordance with the committed criminal offense.
The basis of extradition treaties between Ukraine and other states are 2 main documents:
- European Convention on Extradition of Offenders with Additional Protocols.
- Convention on Legal Assistance and Legal Relations in Family, Civil and Criminal Matters.
In what cases is extradition possible?
In order to apply the extradition procedure, a person must be suspected or accused of having committed an offense punishable by at least one year in prison.
The key document for starting the extradition procedure is an official request, that is, a request for extradition. The only proper basis for making this request is the accusation, suspicion or conviction of a person for committing a criminal offense. In some cases, other states may refuse extradition. As a general rule, a repeat request is not sent.
After the state, upon request, has allowed the extradition of a person, this person must be sent to the “Motherland” within 2 months. The specified term may be shorter.
In some cases, in addition to extradition, so-called “urgent requests” to another state for the preventive detention of a person may be applied. A court order for detention is sufficient for this. At the same time, the state must express its readiness to carry out extradition in the future. Such a request is sent within 2 months from the moment the person is detained.
The institution of extradition is therefore very important. Accordingly, each specific case should be approached as carefully and conscientiously as possible. Thus, a proper balance is ensured between the observance of individual freedoms and rights while simultaneously ensuring the inevitability of punishment in the event of a criminal offense.
The extradition candidate himself can directly influence this process. The main thing is to get the help of professional lawyers.
“PRIKHODKO & PARTNERS” lawyers will find the necessary arguments against extradition and protect the rights of their clients at all stages of this procedure. We are waiting for consultation and support in the case of extradition!