The dual-criminality principle is a legal concept that states a person can only be extradited if their actions are considered a crime in both the requesting country and the country from which they are being extradited. This principle ensures that individuals are not extradited for actions that are not recognized as criminal in their home country.
This principle is primarily used in criminal law, particularly in extradition cases. It ensures that a person cannot be sent to another country to face charges unless those charges are also recognized as crimes in their own country. Legal practitioners often refer to this principle when evaluating extradition requests, ensuring compliance with both domestic and international laws. Users can manage some aspects of this process through legal forms provided by services like US Legal Forms.
Here are a couple of examples of abatement:
For instance, if a person is accused of fraud in the United Kingdom, they can only be extradited to the U.S. if fraud is also a crime under U.S. law. If fraud is not recognized as a crime in the U.S., extradition would not be permissible.
(Hypothetical example) If a person is charged with a cybercrime in Canada, they cannot be extradited to Australia unless that same cybercrime is also illegal in Australia.
The dual-criminality principle is reflected in various extradition treaties, including:
Examples of state differences (not exhaustive):
| State | Extradition Law Variations |
|---|---|
| California | Follows dual-criminality but has specific state laws governing extradition procedures. |
| Texas | Similar dual-criminality requirements, with additional provisions for certain offenses. |
| New York | Strict adherence to dual-criminality, with detailed statutory guidelines. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Extradition | The formal process of surrendering an individual from one jurisdiction to another for prosecution or punishment. |
| Dual Criminality | The principle that an act must be a crime in both jurisdictions for extradition to occur. |
| Mutual Legal Assistance | A process where countries cooperate in criminal investigations and prosecutions, which may not require dual-criminality. |
If you find yourself facing extradition, it is crucial to understand the dual-criminality principle. You may want to:
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