Extradition can be classified as active or passive, depending on the role of the state involved in the process. Understanding this distinction is essential for lawyers and legal professionals working in international justice.
What Is Active Extradition?
Active extradition occurs when a state requests the extradition of an individual from another country.
Procedure Steps
- Issuance of the request – The judicial authority of the requesting state submits an official extradition request with evidence of the crime.
- Evaluation of the request – The requested state assesses whether the extradition complies with its national laws and international agreements.
- Surrender of the individual – If approved, extradition is carried out within the stipulated timeframe.
What Is Passive Extradition?
Passive extradition occurs when a state receives an extradition request and must decide whether to approve it.
Procedure Steps
- Reception of the request – The judicial authority of the requested state reviews the documentation.
- Verification of requirements – The state checks if the crime is extraditable and ensures the protection of the defendant’s rights.
- Final decision – If the request is accepted, the person is extradited; if denied, they may be prosecuted within the requested state.
Key Differences Between Active and Passive Extradition
Conclusion
Understanding the difference between active and passive extradition is crucial for the correct application of international law. The cooperation between states must always be balanced with the protection of individual rights, ensuring fairness and transparency in judicial proceedings.