Extradition lawyer

How Does Extradition Take Place?

In Ukraine, matters related to the extradition of persons are governed by the Criminal Procedure Code of Ukraine, international treaties, and other regulatory legal acts.

According to the legislation, the extradition process includes:

• an official request to establish the whereabouts of the person subject to extradition within the territory of the requested State and to extradite such person;
• verification of circumstances that may prevent extradition;
• adoption of a decision on the request;
• the actual transfer of such person to the jurisdiction of the foreign State.

What Is an Extradition Check?

An extradition check is the activity of authorities designated by law aimed at establishing and examining the circumstances provided for by an international treaty of Ukraine and other legislative acts of Ukraine that may prevent the extradition of a person who has committed a criminal offence.

During such a check, the documents and materials provided by the requesting State, the legal grounds for criminal prosecution, the procedural status of the person, and other circumstances relevant to deciding on extradition are analysed.

Provisional and Extradition Arrest

Detention on the basis of an international wanted notice does not always mean that the person will be surrendered to another State. However, while the case is being considered, the State will almost always seek to restrict the person’s liberty. For this purpose, the court may apply one of two types of detention:

Provisional arrest is preventive detention of a person until the foreign State submits the official package of documents (the extradition request). The duration of such detention is strictly limited by procedural legislation and international agreements.

Extradition arrest is detention applied after the official extradition request has been received in order to ensure the person’s physical availability for surrender to the foreign authorities.

What Rights Does a Person Subject to Extradition Proceedings Have?

According to Article 581 of the Criminal Procedure Code of Ukraine, a person in respect of whom the issue of extradition is being decided has the following rights:

• To know for which criminal offence the extradition request has been submitted.
• To have defence counsel and confidential meetings with counsel, as well as to involve defence counsel in questioning.
• In the event of detention, to request the immediate notification of close relatives, family members, or other persons about the fact of detention and the person’s whereabouts.
• To participate in court proceedings concerning detention and the extradition request.
• To review the extradition request and obtain a copy thereof.
• To appeal procedural decisions: the court ruling on detention and the decision to grant the extradition request.
• At any time before the extradition decision is made, to consent to extradition for the purpose of applying the simplified procedure.
• To waive the rule of speciality — simultaneously with consenting to extradition, to waive the application of restrictions concerning the scope of criminal liability.
• To use the services of an interpreter — if the person does not speak the official language, they must be provided with an opportunity to use an interpreter, make statements and address the court in their native language or another language they understand.

The exercise of these rights is of practical importance. It is particularly important that the person understands the content of the request, the grounds for detention, and the legal consequences of their procedural decisions.

When Is an Extradition Lawyer Needed?

The main objective of professional legal defence during extradition proceedings is to prevent the surrender of a person to a foreign State, protect their procedural rights, and obtain the cancellation or modification of the preventive measure.

According to Part 1 of Article 589 of the Criminal Procedure Code of Ukraine and international treaties, extradition to a foreign State must be refused where any of the following grounds exist:

1. Ukrainian citizenship: the person is a citizen of Ukraine at the time the extradition decision is made.
2. No imprisonment provided for under Ukrainian law: the act for which extradition is requested is not punishable by imprisonment under Ukrainian law.
3. Expiry of limitation periods: the applicable limitation periods for criminal prosecution or enforcement of a conviction have expired.
4. Failure to provide additional materials: the competent authority of the requesting State has failed, upon request of the central authority of Ukraine, to provide additional materials or information without which a decision on the extradition request cannot be made.
5. Conflict with international treaties: extradition would be contrary to Ukraine’s obligations under applicable international treaties.
6. Threat to national security: there are reasonable grounds to believe that extradition of the person would be contrary to the national security interests of Ukraine.
7. Other international legal grounds: there are other obstacles to extradition expressly provided for by the relevant international treaty of Ukraine.

In addition, according to international treaties signed by Ukraine, you cannot be extradited if, in the country to which your extradition is sought, there is a threat to your health or life, or a risk of persecution on the grounds of race, religion, nationality, citizenship, or political opinion. Likewise, you cannot be extradited if you have been granted refugee status in Ukraine, the status of a person in need of subsidiary protection, or temporary protection status.

It should be taken into account that refusal of extradition, including on the grounds of Ukrainian citizenship or refugee status, does not automatically result in the closure of criminal proceedings or release from criminal liability. According to Part 3 of Article 589 of the Criminal Procedure Code of Ukraine, upon a request from the competent authority of a foreign State, the Office of the Prosecutor General instructs the authorised Ukrainian authorities to conduct a pre-trial investigation in respect of such person in accordance with the rules of the national criminal procedure.

How Much Do Extradition Lawyer Services Cost?

The cost of legal assistance provided by a criminal defence lawyer at Prikhodko & Partners is determined individually after an initial assessment of the case. The price depends on the stage of the extradition procedure, whether the person has been detained or arrested, the number of court hearings, the volume of documents, the jurisdiction involved, and the complexity of the criminal proceedings.

Indicative service fees:

Additional charges may apply for interpreter services, notarial acts, legalisation, apostille of documents, lawyer’s travel expenses, postal costs, and other actual expenses where required for handling the case.

An extradition case requires prompt and legally precise action. Ukrainian citizenship, refugee status, or failure by the requesting party to comply with the requirements of the Criminal Procedure Code may become decisive factors in preventing extradition. The specialists at Prikhodko & Partners are ready to become involved at any stage of the proceedings and protect your freedom and rights.