Table of Contents
Why cant a French national be extradited?
The ban against the extradition of nationals is based on Article 696-4 of the French Code of Criminal Procedure, which states that extradition shall not be granted when the requested person is a French national and that nationality shall be assessed at the time of the facts in respect of which extradition is sought (‘ …
Which countries will not extradite their own citizens?
The Best Non-Extradition Countries For Your Escape Plan
- Russia, China, and Mongolia.
- Brunei.
- The Gulf States.
- Montenegro.
- Eastern Europe: Ukraine and Moldova.
- South-East Asia: Vietnam, Cambodia, and Laos.
- Island Nations: Maldives, Vanuatu, and Indonesia.
- Africa: Ethiopia, Botswana, and Tunisia.
What is the law on extradition?
The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a “treason, felony or other crime” to the state from which the fugitive has fled.
What is the purpose of extradition?
The extradition process enables governments to bring fugitives abroad to justice, but it can be fraught with political tension, even when a treaty is in place. Extradition treaties help governments bring criminals who have fled their country to justice.
Does France extradite citizens?
In principle, France refuses to extradite its own nationals. Article 696-2 of the CCP stipulates that France may extradite ‘any person who does not have French nationality’. When the extradition is based upon French domestic law, the nationality bar is mandatory.
Why do countries refuse extradition?
Some countries refuse extradition on grounds that the person, if extradited, may receive capital punishment or face torture. However, the Committee noted that if Canada had extradited without due process it would have breached its obligation under the Convention in this case.
Why is extradition treaty important?
An extradition treaty is an international agreement in which the Requested State agrees, at the request of the Requesting State and under specified conditions, to turn over persons who are within its jurisdiction and who are charged with crimes against, or are fugitives from, the Requesting State.
Can a country extradite its own citizens?
Countries with a rule of law typically make extradition subject to review by that country’s courts. Others, such as Germany and Israel, do not allow for extradition of their own citizens in their constitutions. Some others stipulate such prohibition on extradition agreements rather than their laws.
Does Greece extradite its citizens?
In extradition proceedings, in general Greece does not extradite a person who was a Greek citizen when the offence was committed or is a Greek citizen when the request is made. This bar does not apply in EAW proceedings, when Greeks are subject to the execution of the EAW.
What are the conditions for extradition under French law?
Under French law, the procedure and the conditions for an extradition are organized by articles 696 et seq. of the Code of Criminal Procedure. However, when an international convention has been signed between France and another State, this convention applies first.
Can a French citizen be extradited from another country?
The reasoning is that any French citizen who commits a crime according to the French law, even abroad, can be prosecuted in France. There is therefore no ground for extradition.
Does France have an extradition treaty with the United States?
Let’s clear up some confusion over extradition treaties between the U.S. and France; France does not have an extradition treaty with the U.S., whereby law enforcement officials here can force France to deport French nationals.
What is the principle of extradition?
The principle of „prosecution or extradition‟ is a legal duty of the State where the offender is found. It is a duty based upon the natural law.6 Vattel also similarly viewed extradition as an imposed duty upon the states by the International law in matter of serious crimes.