Ekstradisi: Perbezaan antara semakan
Kandungan dihapus Kandungan ditambah
k Perjanjian serah balik dipindahkan ke Ekstradisi |
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Baris 3:
== Lihat juga ==
* [[Pengusiran]] (deportasi)
{{CrimPro-I}}
'''Ekstradisi''' adalah proses rasmi dimana satu negara atau negeri meminta dan dapat dari negara atau negeri lain penyerahan penjenayah yang disyaki atau dihukum. Di natara negara, ekstradisi dikawal oleh perjanjian. Antara kawasan sub-nasional (sebagai contoh, negeri-negeri di Amerika Syarikat), di mana ekstradisi diperlukan mengikut undang-undang dan lebih tepat dirujuk sebagai undang-undang (''Rendition'').
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==Extradition treaties or agreements==
The consensus in [[international law]] is that a [[State]] does not have any obligation to surrender an alleged criminal to a foreign state, as one principle of [[sovereignty]] is that every state has legal authority over the people within its borders. Such absence of international obligation and desire of the right to demand such criminals of other countries has caused a web of extradition [[treaty|treaties]] or agreements to evolve; most countries in the world have signed bilateral extradition treaties with most other countries. No country in the world has an extradition treaty with all other countries; for example, the [[United States]] lacks extradition treaties with over fifty nations, including the [[People's Republic of China]], [[Namibia]], and [[North Korea]].
There are two types of extradition treaties: list and dual criminality treaties. The most common and traditional is the list treaty, which contains a list of crimes for which a suspect will be extradited. Dual criminality treaties, used since the 1980s, generally allow for extradition of a criminal suspect if the punishment is more than one year imprisonment in both countries. Occasionally the amount of the time of the sentence agreed upon between the two countries is varied. Under both types of treaties, if the conduct is not a crime in both countries then it will not be an extraditable offense.
Generally, an extradition treaty requires that a country seeking extradition be able to show that:
*The relevant crime is sufficiently serious.
*There exists a ''[[prima facie]]'' case against the individual sought.
*The event in question qualifies as a crime in both countries.
*The extradited person can reasonably expect a fair trial in the recipient country.
*The likely penalty will be proportionate to the crime.
===Restrictions===
Most countries require themselves to deny extradition requests if, in the government's opinion, the suspect is sought for a [[political crime]]. Many countries, such as [[Mexico]], [[Canada]] and most [[Europe]]an nations, will not allow extradition if the [[death penalty]] may be imposed on the suspect unless they are assured that the death sentence will not subsequently be passed or carried out. In the case of ''[[Soering v. United Kingdom]]'', the [[European Court of Human Rights]] held that it would violate Article 3 of the [[European Convention on Human Rights]] to extradite a person to the United States from the United Kingdom in a capital case. This was due to the harsh conditions on death row and the uncertain timescale within which the sentence would be executed. Parties to the European Convention also cannot extradite persons where they would be at significant risk of being tortured or inhumanely or degradingly treated or punished.
These restrictions are normally clearly spelled out in the extradition treaties that a government has agreed upon. They are, however, controversial in the United States, where the death penalty is practiced in some [[U.S. states]], as it is seen by many as an attempt by foreign nations to interfere with the U.S. [[criminal justice]] system. In contrast, pressures by the U.S. government on these countries to change their laws, or even sometimes to ignore their laws, is perceived by many in those nations as an attempt by the United States to interfere in their sovereign right to manage justice within their own borders. Famous examples include the extradition dispute with Canada on [[Charles Ng]].
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==Pautan luar ==
*[http://www.internationalextradition.com/practice-areas.htm ''McNabb Associates, P.C.'' International Extradition Database]
*[http://www.uncjin.org/Laws/extradit/extindx.htm UN list of extradition information by country (1996)]
*[http://travel.state.gov/family/abduction/resources/resources_552.html US State Department - Using the Criminal Justice System]
*[http://www.internationalextraditionblog.com The ''McNabb Associates'' International Extradition Blog]
*[http://www.burneylawfirm.com/international_law_primer.htm A Brief Primer on International Law] With cases and commentary. Nathaniel Burney, 2007.
*[http://www.un.org Official United Nations website]
*[http://www.un.org/law Official UN website on International Law]
*[http://www.icj-cij.org/ Official website of the International Court of Justice]
[[Kategori:Undang-undang antarabangsa]]
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