What is extradition law? The Meanings of the Extradition Law

Rusq.org Explains What The Extradition Law Means

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What is extradition law? The Meanings of the Extradition Law - Website Rusq
What is extradition law? The Meanings of the Extradition Law – Rusq . Website

What is the definition of Extradition Law?

  • The crime situation in Vietnam as well as in other countries in the world today is becoming more and more sophisticated and complex, the scope of criminal activities is also expanded, not only limited to the territory of one country. States but also in relation to the territory of another State. Strengthening cooperation between countries in the fight against crime is a job that countries always pay attention to and put on top priority, including extradition of criminals.
  • Currently, there are many disagreements about the concept of extradition. In each country, each period has a different approach to this concept. Article 32 of the Law on Mutual Legal Assistance 2007 introduces the concept of extradition as follows:
  • Extradition means the transfer by a country to another country of an offender or a criminal convict who is present in its territory so that the transferred country may prosecute the criminal or execute the sentence against the person. there.

Who is the subject of extradition?

  • The subject of extradition is a person who has committed a crime but has not been prosecuted for penal liability or has been tried by a court of the requesting country with a legally effective judgment but is hiding in the requested country. bridge.
  • The subject of extradition request can be a citizen of the requesting country, a foreigner or a stateless person.
  • In special cases, the subject of extradition may be a national of the requested country if the national law and the international treaty on extradition to which the requested country has signed and acceded allow extradition. people for foreigners

Which case is extradited?

Article 33 of the Law on Mutual Legal Assistance provides for extradition cases as follows:

  • Extraditable person means a person who commits an offense for which the Vietnamese Penal Code and the criminal law of the requesting country stipulate a prison term of one year or more, life imprisonment or death, or has been sentenced to imprisonment by the Court of the requested country with the remaining term of imprisonment for at least six months.
  • This person’s criminal acts do not necessarily belong to the same crime group or the same crime, the criminal elements are not necessarily the same according to the provisions of Vietnamese law and the law of the requesting country. .
  • If the offense occurs outside the territory of the requesting country, the extradition of the offender may be carried out if, according to the provisions of the Vietnamese Penal Code, such act is a criminal act.

What is the extradition procedure?

The extradition procedure is carried out from the time the extradition request is received by the requesting country and ends when the person requested to be extradited is transferred to the requesting country, including 03 steps as follows:

Step 1: Receive and process extradition request

The Ministry of Public Security is the agency competent to receive, examine and process extradition request dossiers and documents.

Within 20 days after receiving the extradition request and accompanying documents, the Ministry of Public Security shall enter the extradition file book and examine the extradition request dossier.

  • If the dossier is valid, the Ministry of Public Security shall immediately transfer to the competent provincial-level People’s Court 02 sets of documents for consideration and decision.
  • If the dossier is incomplete, the Ministry of Public Security may request the competent authority of the country requesting extradition to provide additional information. After 60 days from the date of sending a written request for additional information, if it does not receive additional information, the Ministry of Public Security shall return the dossier to the extradition requesting country, clearly stating the reason.

In case many countries request the extradition of the same person, the Ministry of Public Security shall assume the prime responsibility and coordinate with the Ministry of Foreign Affairs, the Ministry of Justice, the Supreme People’s Procuracy, and the Supreme People’s Court to consider and decide to satisfy the extradition request for the same person. one of the requesting countries and transfer the extradition request file to the competent provincial People’s Court for consideration and decision.

Step 2: Consider, decide on extradition or refuse to extradite

The People’s Court of the province where the person requested to be extradited is residing, is being detained, held in custody or is serving a prison sentence is the authority to decide on extradition or to refuse extradition.

Within 04 months from the date of acceptance of the dossier, if the requirements on the dossier and the extradition request document are satisfied, the competent provincial-level People’s Court will issue a decision to consider the extradition request.

Suspension: In case the extradition request is not within its jurisdiction or the foreign party withdraws the extradition request or the person requested for extradition has left Vietnam or for other reasons, the review cannot be conducted, the People’s Court The provincial level will decide to suspend the consideration of the extradition request and return the file to the Ministry of Public Security for the Ministry of Public Security to notify the requesting country.

The People’s Court of the province shall consider the extradition request within 20 days from the date of issuance of the decision to consider the extradition request and immediately transfer a set of documents to the People’s Procuracy of the same level.

Within 10 working days from the date of issuing the decision on extradition or refusal, the People’s Court of the province shall send the decision to the person requested to be extradited, the People’s Procuracy of the same level, the Ministry of Public Security to exercise their rights and obligations. service in accordance with the law.

Appeals and protests:

The person requested for extradition has the right to appeal, the People’s Procuracy of the same level has the right to protest within 15 days, the Supreme People’s Procuracy has the right to protest within 30 days from the date the provincial People’s Court issues a decision. Provincial-level People’s Courts must send dossiers and appeals and protests to the Supreme People’s Court within 07 days from the date of expiration of the time limit for appeals or protests.
Within 20 days from the date of receipt of the extradition dossier and the appeal or protest, the Supreme People’s Court shall hold a meeting to consider the decision of the People’s Court of the province being appealed or protested against; The Appellate Review Panel decides on extradition or refusal. The order to consider the appeal and protest against the extradition decision of the provincial People’s Court is carried out the same as the order for extradition consideration at the competent provincial People’s Court.

Step 3: Execution of the extradition decision

Within 5 working days after the decision of the People’s Court on extradition takes legal effect, the Chief Justice of the provincial People’s Court is competent to issue a decision to execute the extradition decision. The decision on enforcement of the extradition decision must be sent to the People’s Procuracy of the same level, the Ministry of Public Security, the extradition requesting country and the person being extradited.

After receiving the decision to execute the extradition decision, the competent police agency shall arrest the person being extradited. The arrest of extradited persons shall comply with the provisions of the criminal procedure law of Vietnam and international treaties to which Vietnam is a contracting party.

Can extradition be refused?

The competent procedure-conducting agency of Vietnam may refuse extradition if the extradition request falls into one of the following cases:

  • The person requested for extradition is a Vietnamese citizen;
  • According to the provisions of Vietnamese law, the person requested to be extradited cannot be examined for penal liability or served a penalty because the statute of limitations has expired or for other lawful reasons;
  • The person requested to be extradited for criminal prosecution has been convicted by a court of Vietnam with a legally effective sentence for the offense stated in the extradition request or the case has been suspended according to the provisions of the criminal procedure law of Vietnam;
    The person requested to be extradited is a person residing in Vietnam because of the possibility of being persecuted in the requesting country due to discrimination on the basis of race, religion, gender, nationality, ethnicity, social class or political opinion;
  • Where the request for extradition involves more than one offense and each offense is subject to criminal prosecution under the law of the requesting country, but does not meet the extradition case requirements. degree is a person who commits an offense for which the Penal Code of Vietnam and the criminal law of the requesting country stipulate a prison term of one year or more, life imprisonment or death, or has been sentenced by a court of the requesting country for imprisonment, the remaining term of imprisonment is at least six months.
  • The conduct for which the person requested to be extradited is not a crime under the provisions of the Vietnamese Penal Code;
  • The person requested to be extradited is being examined for penal liability in Vietnam for the offense stated in the extradition request.

Conclude

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