Saturday, August 19, 2017

Criminal lawyers specialise in extradition and surrender

Extradition and surrender of criminal are governed by U.A.E. Federal Law No.39 of 2006 regarding International Judicial Cooperation on Criminal Matters, governs the extradition of criminals. In addition to the general requirement of UAE law on extradition, the provisions of specific treaties (if any) signed between the UAE and a country may contain additional requirements and / or obligations. For example, the UAE is signatory (together with 21 other Arab Countries), to the Riyadh Arab Convention on Judicial Cooperation which was ratified in the UAE by Federal Decree No.53 of 1999 (‘Riyadh Convention’).
Extradition may be favoring a person such as extradition to Norway or Sweden where prisoners enjoy full freedom in prison.
Criminal Lawyer who specialize in surrender and extradition must know when it’s favorable to his client to agree or disagree for Extradition or surrender.
   
Conditions for Extradition
Extradition to a foreign country may be requested for a person residing in UAE for any reason. In order to extradite persons from the UAE to a foreign country, the conditions set out in Article 7 of Law No. 39 have to be met.

1.       The crime that is the subject of extradition must be punishable under the law of the country requesting extradition (‘Requesting Country’) with a freedom restricting or custodial penalty of at least one year or any other severer punishment.

2.       The act for which extradition is required, if committed within the UAE, must constitute a crime punishable with a freedom restricting penalty for at least one year or any other severer penalty.

3.       If the matter subject of extradition pertains to execution of a custodial penalty, the remaining unexecuted penalty shall be no less than six months.

4.       If the act subject of extradition constitutes a punishable crime under the laws of the Requesting Country and UAE, it is irrelevant if the crime is listed under a different name or description or if the elements of the crime are different.

Where an extradition request involves multiple crimes, each of which is punishable under the laws of both UAE and the Requesting Country, the request to extradite may be granted in so far as one of the crimes meets the conditions for extradition, even if the other crimes do not.
 
When and why to refuse extradition
there are some instances where an extradition request may be refused in the UAE. These include where:



for more informations http://www.ezz4law.com/criminal-extradition-surrender-criminal-uae-egypt/

No comments:

Post a Comment