Each situation of International Extradition has a different and particular profile, for the delicate of this situation; it is required of experience and ability to develop with dexterity these cases. Our office offers services with a lot of excellence, if he is wrapped in a situation of this nature, he/she should know that we have a group of lawyers experts and qualified to represent him and to make be worth his rights.
What should he/she know on the International Extradition?
The judicial Extradition is an act that is carried out product of the cooperation among the State that is supported by some Treaty or bilateral Agreement and it is materialized by means of a judicial procedure in the one that the accused person or condemned by a crime according to the law of a State, it is given to another State, so that the penal process continues or the pending sentence is executed that has been imposed him.
The Extradition exists with international transfer and the Extradition without international transfer, in the first case this it will vary regarding what establishes the treaty, generally settling down for Crimes of political character and when the sanction to be executed it is the death penalty. Regarding the Extradition without international transfer, it proceeds when to the person (the one claimed) is following a penal process in another State for a deceitful crime or guilt and it is fulfilled these requisites when the crime is punishable the State applicant and in the State applicant and when it is foreseen for the requested same exclusive pain of freedom and when it is considered as serious, punishable and with prison pain in both States.
Why is it necessary a lawyer that advises him in this situation?
Our offices offered him the necessary consultation in these cases, our participation is also of vital importance for the fruitful development of its process, since a number of legal questions that you ignore that exist and that it can be favorable to his situation like the cases in those that the extradition doesn't precede. We would also look after the correct execution of their procedural rights and we guarantee with our position, the objectivity in their cause, impeding any partiality type or savageries that ended up being exceeded of the limit that establishes the Law for each question.
When doesn't the International Extradition proceed?
It cannot train the International Extradition if the one claimed is object of some extinction of the penal action or when the crime that motivates the procedure is the same one for the one that already completed a sentence. Neither it proceeds if it lacks him/her complain, in the cases in those that according to the penal law, the crime demands such a requirement. Also it happens if he/she has prescribed the penal action or the pain according to the penal law of requested State or the applicable law of the State applicant. Of equal forms it is inapplicable when the crime has been made inside the jurisdiction of the national tribunals or when the person can be object of political persecution in the State applicant. The same raisin when the crime is of the military jurisdiction or when it is a citizen for birth. In these cases it is required that the executive power authorizes the international Extradition.
What formal questions should an application of Extradition present?
The application of Extradition is a presentation that is generally carried out for the diplomatic road for what the accompanied documentation should respond to the applicable treaty to the case or the internal legislation from the State to which goes the application. Thus he/she should keep in mind the authority to which goes the application of extradition, thus the juridical system or the effective penal process in the required State, and it should present data about the authority that emits the order and envelope the process in which the order is emitted, besides presenting information on the person to which refers the order and the description of the fact that one investigates, among other questions.
