Legal Encyclopedia. The Letter

Extradition.

Issuance or extradition, is one of the main types of co-operation in criminal matters. This legal institution is the most difficult to execute.

Russian Federation in accordance with an international treaty, as well as the principle of reciprocity may issue a foreign country of a foreign citizen or stateless person, which is located on the territory of the Russian Federation for criminal prosecution or execution of sentence.

Extradition shall be granted for an act which constitutes an offense on the territory of the Russian Federation and on the territory of a foreign state that has sent a request for extradition.

Questions on extradition are within the exclusive competence of the Prosecutor General of the Russian Federation. She received a request to extradite a person, first of all check the completeness of the information supplied and the availability of the necessary applications. As a result,

Undetected any information is requested to provide additional information to a foreign agency to send the request.

After obtaining enough material required for the person to be extradited, the Attorney General or his deputy instructs the preliminary investigation body checking, as well as the production of the proceedings related to the arrest of the person.

After studying all the material on the person in respect of whom the extradition request, the Attorney General or his deputy shall decide on the issuance of foreign persons or persons without citizenship. On the decision shall be notified to the requesting State in the person of the competent authority.

In the absence of contractual relations between the Russian Federation and the State requesting extradition of persons transferred from Headquarters Justice of the foreign state through diplomatic channels.

Extradition of a person can be carried out in the following cases:

1) if the criminal law for the commission of these offenses are punishable by

imprisonment for a term exceeding one year or a more serious penalty, when extradition is made for criminal prosecution;

2) if the person is sentenced to imprisonment for a term exceeding six months or to a more severe punishment;

3) If the foreign State which sent the request, ensure that the person will be prosecuted only for the offense specified in the request, and after the trial and sentence would be free to leave the territory of the State, will not be sent, transferred or extradited to a third State without the consent of the Russian Federation.

If there are several applications from different foreign countries for the extradition of the same person Prosecutor General or his deputy decides what the application should be granted and the issuance of any State shall be subject to the person. On the decision of the Russian Federation Prosecutor General or his deputy within 24 hours in writing notify the person against whom it was made the decision. Prosecutor General or his deputy expelled message to regional and territorial prosecutors, who are obliged within the specified period from the date of signing to bring this decision to the

information of the arrested (a receipt).

Local prosecutors at the place of arrest and detention of persons subject to extradition, are endowed with the following powers:

1) after the arrest of the person within 24 hours must fill out a sheet of Express survey of persons who have been subjected to detention and to submit this document to the extradition Division of International Legal Department of the Prosecutor General of the Russian Federation;

2) at the detainees get an explanation about the purpose of their arrival in the territory of the Russian Federation, the place of residence and registration, citizenship, the circumstances and the motives of the prosecution, to find out the possible obstacles to their extradition;

3) check the authenticity of the documents in a delayed, to establish his identity and nationality;

4) verify the presence or absence, as well as the authenticity of the official data, based on which extradition may be refused, delayed or person may be granted for a certain time.

Materials extradition check territorial prosecutor within 3 days

Prosecutor of the Russian Federation is subject or equivalent prosecutors.

By order of the Prosecutor General of the Russian Federation the person whose extradition is released from custody after the decision to refuse to issue or non-arrival within a reasonable time of the extradition request. The person may be released from custody, and also of the judgment. In identifying the circumstances precluding extradition detainee, release the person from custody may territorial prosecutor and then report to the relevant superior prosecutor.

In deciding whether to extradite the person or to refuse to issue one of the grounds for refusal is the presence of Russian citizenship. If, along with another nationality the person is a citizen of the Russian Federation, it is recognized as a citizen of the Russian Federation and may not be deported out of Russia or extradited to another State (Art. 61 of the Constitution). Also in the article. 13 of the Criminal Code contains a provision that Russian citizens who have committed a crime in a foreign country, this issue is not subject to the state.

In accordance with Art. 464 Code of Criminal Procedure faces extradition was not permitted in the following cases:

1) if the person to be extradited is a citizen of the Russian Federation;

2) if the person has been granted asylum in the territory of the Russian Federation in connection with the possibility of prosecution in the territory of a foreign state on account of race, religion, nationality, membership of a particular social group or political opinion;

3) if in respect of the person in the territory of the Russian Federation for the same act imposed entered into force conviction or criminal proceedings discontinued;

4) if, in accordance with Russian law, criminal proceedings may not be initiated or a sentence can not be executed after the expiration of the statute of limitations or other legal grounds;

5) if there is a valid court decision on the Russian Federation there is an obstacle for extradition of the person in accordance with the legislation and international treaties of the Russian Federation.

The extradition may be refused if:

1) the act giving rise to

extradition, in accordance with the criminal law does not

is a crime;

2) specified in the request for an act committed in the territory of Russia or against Russia's interests abroad;

3) in respect of the requested person for the same act in the Russian Federation carried out the criminal prosecution;

4) the criminal prosecution of a person against whom a request is directed, initiated a private prosecution.