Spain's extradition treaties with Latin American countries such as Venezuela, Colombia, Mexico, Panama, Peru, Argentina, as well as with the United States of America and Canada, are based on the legislation in force and the principles of International Law. Extradition is a procedure by which one State requests the surrender of a person to another for judicial prosecution for crimes committed or for the execution of a sentence already imposed.
From the point of view of Spanish legislation, we must first refer to the rules established in the extradition treaties, such as the one in force with Venezuela dated January 4, 1990, additionally the expert defenders are widely familiar with the passive extradition law 4/1985 of March 21, 1985, as well as other instruments such as
Law Regulating Asylum and Subsidiary Protection 12/2009 of October 30, 2009, which establishes the provisions regulating passive extradition (when Spain is requested to surrender a person) and active extradition (when Spain requests another Latin American country).
In the case of extraditions between Spain and Latin American countries, each treaty establishes the crimes for which extradition may be requested, respecting the principle of dual criminality; that is, the act must be considered a crime in both the requesting and requested countries. In addition, these treaties usually exclude the
extradition for political offenses, thus guaranteeing the protection of human rights.
For global entrepreneurs, such as the financial and industrial sectors that may face extradition proceedings, it is crucial to understand that the process is governed by principles such as specialty, which limits the prosecution or detention of the extradited person to the specific offenses for which extradition was requested.
In the context of ordinary crimes that have been fraudulently charged by a law enforcement officer, arrest warrants through INTERPOL may be expunged or blocked before the International Police File Commission.
For some types of persecution, such as political persecution, Spanish legislation offers defense mechanisms, such as political asylum, in the case of politically motivated persecution, or the review of the extradition request by the National Court, which evaluates the legality and adequacy of the request to international treaties and fundamental rights. Additionally, the asylum request technically suspends the surrender of the requested person until a decision is made on the request.
Venezuelan legislation also regulates extradition through the Constitution of the Republic, which prohibits the surrender of Venezuelan nationals, the Criminal Code, the Organic Code of Criminal Procedure and, of course, the provisions of the international treaties it has signed. It is important to point out that any specific analysis
The design of a defense must contemplate the specific situation of the case in order to execute the most effective strategy.
For international criminal law practitioners who advise and represent extradition cases, it is valuable for us to base our strategy on a thorough knowledge of the applicable law and binding extradition treaties, as well as on a solid argumentation that protects the fundamental rights of our clients within the framework of international law and national laws.
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.
