The Extradition Process
International extradition is a complex process of cooperation among sovereign states. In this guide, we will examine the extradition process and the legal issues associated with it.
A Case Study: Extradition from the United States
To illustrate the process, let’s consider a hypothetical scenario in which an Italian citizen is accused in the United States of anticompetitive offenses in the marine pipe industry. This case will allow us to explore how extradition works under international agreements and European regulations.
The Crucial Role of Specialized Attorneys
Attorneys specialized in extradition play a fundamental role in protecting citizens’ rights. Their in-depth knowledge of international agreements and national laws is essential for ensuring an effective defense.
Legal Considerations in the European Union
In the context of the European Union, where the free movement of citizens is a fundamental principle, we will examine how extradition may limit this freedom in the name of justice.
We will also analyze a specific decision by the Court of Justice that established the conditions under which a distinction between European Union citizens and citizens of other member states in extradition to the United States can be permissible.
International Agreements: United States – European Union
We will examine the Agreement on Mutual Legal Assistance between the United States and the European Union and how it influences the extradition procedure.
For extradition to be possible, the crime in question must be punishable by a term of imprisonment exceeding one year under the laws of both states involved.
The “Ne Bis In Idem” Principle
We will also address the “Ne Bis In Idem” principle, which prevents extradition when a person has already been convicted or served a sentence for the same offenses.
We will explore specific conditions when the crime is punishable by the death penalty under the laws of the requesting state but not under those of the requested state.
Seek Specialized Legal Assistance
We emphasize once again how essential it is to seek specialized legal assistance when facing a request for extradition from the United States. Experienced attorneys are crucial to protecting your rights and ensuring compliance with international and national laws.