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If a country refuses an extradition order by the US can they still come and get the person they are seeking?
Wiki User
∙ 14y ago
Only if the United States would grant exactly the same right for officers of any other country to enter the United States and take a person against the wishes of the U.S. government.
Wiki User
∙ 14y ago
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What are the extradition laws between the states?
Basically the laws of every state with regard to extradition are the same: if a person is arrested in the state from the one that issued the warrant, the person is taken to the county jail of that jurisdiction and awaits extradition to the County seeking the person. Normally an extradition hearing is held to determine whether the individual is in fact the one that is being held for extradition. The individual can admit he is such person being sought (he is not admitting guilt) or challenge this. The state is seeking the person generally has up to two weeks to arrange for the defendant to be transferred, or the defendant can be released.
What is the procedure for fugitive warrants?
Fugitive warrants are sought when the wanted person refuses to sign a waiver of extradition from the state which holds that wanted person in custody for the state which the crime was originally committed.Because the wanted person refuses to sign the waiver of extradition a fugitive warrant and governors warrant must be obtained. The wanted person is then extradited without his signature of consent to be transported to the state that the original crime was committed.I would like to know who is responsible for obtaining the warrants.
What is the normal reason for extraditing someone?
The most normal reason for extradition of a person is because that person sinned against the country or was a criminal. Usually, criminals get extradited.
What is an example of an extradition case?
Extradition is the process whereby the legal system of one country is asked to turn someone residing in their jurisdiction over to the legal system of another country.For example, if a person commits a crime in country A according to the laws of country A, then flees to country B, the authorities in country A may apply to the courts in country B to apprehend the person and have him sent back to country A for trial.Countries have treaties with each other as to which crimes they will extradite for and which they will not.For example, if the authorities in Pakistan wanted to prosecute a certain US ciotizen for a crime committed in Pakistan, they could apply to the courts in the US to have that person sent to Pakistan to be tried.Added: (in the US) the same applies (as described above) between the individual states.
What are the laws for extradition laws from PA to TX?
In Pennsylvania, in order to fight extradition to another state, the defendant can contest the validity of the charge against him and petition the court for the issuance of a writ of habeas corpus. The Uniform Criminal Extradition Act provides some uniformity and, generally, the same legal requirements that are required for requests from other participating states apply to Pennsylvania requests as well.
Can a person refuse extradition?
No, you don't get a choice. The decision to extradite or not rests with the courts in the country where you have been apprehended. Depending on the country, you may or may not be allowed to present your case to the court before that decision is made.
If a person is sick can they fight extradition to stay where they can get help?
It's certainly one legal argument that you could try to fight extradition with.
Where could a person flee to avoid extradition?
Dubai will not extradite.
Does Switzerland extradite?
Extradition Proceedings in SwitzerlandSearch and ArrestAs rule, extradition proceedings in Switzerland start with a foreign request for search by an Interpol National Bureau or a Ministry of Justice. The Federal Office of Justice (FOJ, Section on Extradition) examines whether the request contains all the necessary information. If the place of abode in Switzerland is known, the FOJ orders the competent police force to arrest the wanted person. If not, the FOJ puts the fugitive's name into the computerized search system "RIPOL" for arrest.The police arrest the wanted person and immediately inform the FOJ. The police also seize evidence and goods acquired as a result of the offence when making the arrest.Simplified proceedings take place if the arrested person declares at the hearing that he agrees to be immediately extradited. The FOJ is informed without delay regarding the fugitive's consent and said office may - based on the consent - grant extradition and order the surrender. In the best case such a simplified extradition may be executed within hours.Handling of the extradition requestIf the person pursued refuses to be extradited, the FOJ will issue an extradition warrant. At the same time this office invites the requesting State to submit a formal request for extradition. As a rule the requesting State has to file the formal extradition request within 18 days at the FOJ. This time-limit may be extended up to 40 days.The cantonal investigating judge or the cantonal police formally present the extradition warrant issued by the FOJ to the person pursued and draw up the minutes of the hearing (procès-verbal). The person pursued has the right to communicate with the consular representative of his native country. He may file an appeal against the Swiss extradition warrant at the Federal Criminal Court; the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court. The person pursued may also file, at any time, a request for release.If the formal extradition request is received by the FOJ in due time, the detention awaiting extradition is extended until the end of the extradition proceedings. If the FOJ has decided to enter into the case, it sends the extradition request to the competent canton for the hearing. The cantonal authority hears the person pursued regarding the extradition request, explains the extradition procedure and draws up the minutes of the hearing (procès-verbal).Based on this procès-verbal and a possible statement by the fugitive's counsel, the FOJ may render the extradition decision in the first instance. The FOJ examines whether the formal and material conditions of an extradition are fulfilled. It namely clarifies if the acts attributed to the person pursued in the extradition request would also be punishable under Swiss law. Questions of guilt and facts are not examined in the extradition procedure, i.e., the FOJ does not examine whether the person pursued has really committed the offence.After that the FOJ formally presents its extradition decision to the person pursued. If he does not declare within five days that he will file an appeal, then the extradition is executed.The person pursued may file an appeal at the Federal Criminal Court within 30 days upon service of the extradition decision. Said Court decides the appeal after the FOJ has submitted its written position. In particularly important cases, the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court.
Is a person who refuses to change adaptable?
no
Is there a time frame for extradition?
Nope - it can take as little as a few days to many months - it depends on the protocols, warrants and visas necessary to extradite a person from one country to another.
What is non-extradition?
the action of extraditing a person accused of convicted a crime!!! :))))
