Extradition is a legal mechanism that allows a country to request the surrender of a person accused or convicted of a crime, who is in the territory of another country. An essential element in these processes is the principle of dual criminality. This principle ensures that an individual can only be extradited if the crime for which he or she is wanted is considered a crime in both the requesting and requested countries.
Definition of dual criminality
Dual criminality, also known as dual criminality, is a requirement that the act for which extradition is requested be punishable under the laws of both countries involved. This principle protects individuals from being extradited for acts that are not considered crimes in the country where they are located. It is an important point that ensures fairness and equity in the extradition process.
Importance in international law
The principle of dual criminality is fundamental in international law and is incorporated in most bilateral and multilateral extradition treaties. In the European context, the 1957 European Convention on Extradition clearly establishes it. Similarly, many agreements between Spain and Latin American countries, such as Venezuela, Colombia and Mexico, include this principle to ensure that extradition requests are handled fairly and in accordance with the law.
Challenges and Controversies
Despite its importance, dual criminality can generate controversies and challenges in its application. Differences in legal systems and in the criminalization of offenses can complicate the assessment of compliance with this principle. For example, some countries may have broader or more restrictive definitions of certain offenses. In such cases, it is crucial to have lawyers with expertise in international criminal law who can analyze the laws of both countries in detail and effectively argue the position of their clients.
Practical application
To illustrate how dual criminality applies, let us consider a hypothetical case: a Colombian citizen accused of financial fraud in his country flees to Spain. The Colombian authorities request his extradition. For Spain to grant extradition, the financial fraud must be a crime in both Colombia and Spain. If the act is not considered a crime in Spain, extradition will not be granted. This mechanism protects individuals from being subjected to legal systems that criminalize conduct that is legal in their own country.
Specialized Legal Counsel
At VENFORT Lawyers we understand the complexity and importance of the principle of dual criminality in extradition proceedings. Our team of lawyers specialized in criminal law and international criminal law is prepared to provide comprehensive advice and legal representation in extradition cases. We thoroughly evaluate each request to ensure that our clients' rights are respected and that all legal requirements, including dual criminality, are met.
The principle of dual criminality is an essential pillar in extradition proceedings, protecting individuals from being surrendered for acts not considered crimes in the requested country. Its correct application ensures a balance between international cooperation in the fight against crime and the protection of individual rights.
At VENFORT Abogados, having offices in Latin America and Spain, we have the capacity to understand and attend cases in an urgent manner, a defense with the best approach and effectiveness for our clients. So if you want more information or need advice on this and other issues related to international criminal law. Please do not hesitate to contact us through our contact page. In addition, we share with you our social networks so that you can keep updated on the legal topics that are in trend: Instagram, Facebook, Twitter y Linkedin.
