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    Five Postulates of Extradition

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    Jonnifer Quiros
    Extradition is an important tool for suppressing international crime in an era of globalization and easier international travel. By entering extradition treaties, countries agree to cooperate by extraditing individuals to other countries for criminal proceedings, while also ensuring that the accused will be granted due process. Extradition proceedings determine if a request complies with a treaty but are not full criminal trials, using a prima facie standard rather than beyond reasonable doubt. Countries have a duty to extradite individuals in good faith if proceedings determine the individual is extraditable, as there is an underlying risk the accused may flee the requesting country's jurisdiction.

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    Five Postulates of Extradition

    Uploaded by

    Jonnifer Quiros
    621 views2 pages
    Extradition is an important tool for suppressing international crime in an era of globalization and easier international travel. By entering extradition treaties, countries agree to cooperate by extraditing individuals to other countries for criminal proceedings, while also ensuring that the accused will be granted due process. Extradition proceedings determine if a request complies with a treaty but are not full criminal trials, using a prima facie standard rather than beyond reasonable doubt. Countries have a duty to extradite individuals in good faith if proceedings determine the individual is extraditable, as there is an underlying risk the accused may flee the requesting country's jurisdiction.

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    A short notes on extradition

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    Extradition is an important tool for suppressing international crime in an era of globalization and easier international travel. By entering extradition treaties, countries agree to cooperate by extraditing individuals to other countries for criminal proceedings, while also ensuring that the accused will be granted due process. Extradition proceedings determine if a request complies with a treaty but are not full criminal trials, using a prima facie standard rather than beyond reasonable doubt. Countries have a duty to extradite individuals in good faith if proceedings determine the individual is extraditable, as there is an underlying risk the accused may flee the requesting country's jurisdiction.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    621 views2 pages

    Five Postulates of Extradition

    Uploaded by

    Jonnifer Quiros
    Extradition is an important tool for suppressing international crime in an era of globalization and easier international travel. By entering extradition treaties, countries agree to cooperate by extraditing individuals to other countries for criminal proceedings, while also ensuring that the accused will be granted due process. Extradition proceedings determine if a request complies with a treaty but are not full criminal trials, using a prima facie standard rather than beyond reasonable doubt. Countries have a duty to extradite individuals in good faith if proceedings determine the individual is extraditable, as there is an underlying risk the accused may flee the requesting country's jurisdiction.

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    of 2

    Five Postulates of Extradition

    1)

    Extradition Is a Major Instrument for the Suppression of Crime

    In this era of globalization, easier and faster international travel, and an expanding ring
    of international crimes and criminals, we cannot afford to be an isolationist state. We
    need to cooperate with other states in order to improve our chances of suppressing
    crime in our own country.
    2)

    The Requesting State Will Accord Due Process to the Accused

    By entering into an extradition treaty, the Philippines is deemed to have reposed its trust
    in the reliability or soundness of the legal and judicial system of its treaty partner, as well
    as in the ability and the willingness of the latter to grant basic rights to the accused in
    the pending criminal case therein.
    3)

    The Proceedings Are Sui Generis

    An extradition proceeding is sui generis:


    a) It is not a criminal proceeding which will call into operation all the rights of an
    accused as guaranteed by the Bill of Rights. It does not involve the determination of the
    guilt or innocence of an accused. His guilt or innocence will be adjudged in the court of
    the state where he will be extradited.
    b) An extradition proceeding is summary in nature while criminal proceedings involve
    a full-blown trial.
    c) In terms of the quantum of evidence to be satisfied, a criminal case requires proof
    beyond reasonable doubt for conviction while a fugitive may be ordered extradited
    upon showing of the existence of a prima facie case.
    d) Unlike in a criminal case where judgment becomes executory upon being rendered
    final, in an extradition proceeding, our courts may adjudge an individual extraditable but
    the President has the final discretion to extradite him.
    Extradition is merely a measure of international judicial assistance through which a
    person charged with or convicted of a crime is restored to a jurisdiction with the best
    claim to try that person. The ultimate purpose of extradition proceedings in court is only
    to determine whether the extradition request complies with the Extradition Treaty, and
    whether the person sought is extraditable.

    4)

    Compliance Shall Be in Good Faith.

    We are bound by pacta sunt servanda to comply in good faith with our obligations
    under the Treaty. Accordingly, the Philippines must be ready and in a position to deliver
    the accused, should it be found proper.
    5)

    There Is an Underlying Risk of Flight

    Indeed, extradition hearings would not even begin, if only the accused were
    willing to submit to trial in the requesting country. Prior acts of herein respondent:
    a)
    leaving the requesting state right before the conclusion of his indictment
    proceedings there; and
    b) remaining in the requested state despite learning that the requesting state is
    seeking his return and that the crimes he is charged with are bailable.

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