The extradition treaty between Spain and Venezuela establishes a bilateral legal framework for the surrender of persons accused or convicted of crimes, under certain conditions. For defense attorneys, it is crucial to understand the defense options that this treaty offers, allowing for an effective strategy in favor of their clients.
First, it is essential to verify dual criminality; that is, the act must be considered a crime in both Spain and Venezuela. This fundamental condition can be a starting point to argue against extradition if the crime is not adequately framed in both legislations.
Another relevant aspect is the possibility of opposing extradition on humanitarian grounds, including the risk of persecution for reasons of race, religion, nationality, political opinions, or the danger of facing an unfair trial. The defense may argue the violation of fundamental rights, appealing to international human rights norms.
In addition, the treaty excludes extradition for political offenses. Identifying the political nature of the case may be an avenue to challenge the prosecution. However, this defense requires a detailed analysis of the context and the specific circumstances of the case.
The possibility of facing disproportionate penalties or the application of the death penalty (should Venezuela reinstate it) are additional arguments against extradition, based on the principle of proportionality and respect for human dignity.
Finally, it is crucial to assess the health situation of the requested person. Serious medical conditions that cannot be adequately treated in the requesting country may be grounds for refusing extradition, in line with the principle of humanity.
The defense in extradition cases between Spain and Venezuela requires a multidisciplinary approach, combining a deep knowledge of the treaty, the criminal and procedural legislation of both countries, and the principles of international human rights. The elaboration of solid and persuasive arguments, based on proven facts and an adequate legal interpretation, is essential to protect the rights of the defendant.
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