Is extradition the most effective and important way in international judicial cooperation?

That's right. Extradition? ——? The international community is the most common and effective way of judicial assistance in combating transnational crimes.

I. The so-called extradition

That is, according to the relevant treaties or laws, the signatory countries of the treaties shall, at the request of the countries concerned, hand over to the requesting countries the persons who are hunted, wanted or sentenced by the countries with criminal jurisdiction in that country for trial or punishment. This is an extradition system.

Two. Judicial assistance between China and foreign countries

At present, there are four main ways to pursue fugitives abroad: extradition, repatriation by immigration law, prosecution in different places and persuasion.

Route 1: extradition

Extradition is an important form of international criminal judicial cooperation. If convicted of the same crimes, such as money laundering, bribery and corruption, the two countries can extradite. 1993, China signed an extradition treaty with Thailand for the first time, which is the first bilateral extradition treaty concluded between China and foreign countries. By the end of July this year, China had concluded bilateral extradition treaties with 38 countries.

Path 2: Repatriation

Unlike extradition cooperation, repatriation of illegal immigrants does not necessarily take the form of international cooperation. It is mainly manifested in the unilateral decision made by the country where the fugitive is hiding in order to maintain its own security and order according to the immigration law of the repatriation country.

201/kloc-0 On July 23rd, 2008, Lai Changxing, the protagonist of the smuggling case in Yuan Hua, Xiamen, who fled to Canada from 1999, was successfully repatriated to China after 13 years of negotiations.

Path 3: Persuade to return

Extradition and repatriation take a long time and complicated procedures. In contrast, persuasion can effectively save judicial costs.

Persuasion is a unique feature of China, and unlike extradition and repatriation, which are bound by bilateral treaties and the legal system of the requested country, persuasion is a matter of mutual consent. If you can convince corrupt officials to return home with feelings, that is of course the best.

Path 4: prosecution in different places

When there is no bilateral extradition treaty with the country where the fugitive is hiding, and repatriation and persuasion are ineffective, prosecution in different places can be adopted.

Prosecuting in different places means that the competent authorities of our country provide the judicial organs of the countries where fugitives are hiding with criminal evidence that fugitives violate foreign laws, and foreign judicial organs will arrest and prosecute them according to their own laws.

Xu Xu, the former three presidents of Kaiping Sub-branch of Bank of China, fled to the United States with 483 million yuan after the 200/kloc-0 case. Since China and the United States have not signed a bilateral extradition treaty, the relevant US departments have not and cannot initiate extradition proceedings against Xu and Xu.

Therefore, the Guangdong Provincial Procuratorate assisted the American judicial authorities in arresting Yu Zhendong and charged him with illegal entry, illegal immigration and money laundering. Faced with the strong pressure of criminal prosecution, Yu Zhendong entered into a plea bargain with the US criminal prosecution agency, admitting all the alleged crimes and voluntarily accepting repatriation. Xu and Xu, who did not plead guilty or accept repatriation, were sentenced to 25 years and 22 years in prison by the US court respectively, and stayed in the local prison to serve their sentences.