What does extradition mean?

Hello, extradition is an important international law system. The promulgation and implementation of the Extradition Law of People's Republic of China (PRC) will certainly promote international cooperation in punishing crimes in China, thus ensuring the normal extradition.

Second, retrospective extradition.

The history of crossing can be traced back to ancient times, but before the end of 18, the main targets of extradition were rebels, deserters and pagans, and whether to extradite or not was entirely up to the monarch. At that time, extradition was only a tool for rulers of various countries to maintain autocratic rule and conduct political transactions. With the victory of European bourgeois revolution and the establishment of criminal law principles such as a legally prescribed punishment for a specified crime and presumption of innocence, the object, procedure and nature of extradition have undergone fundamental changes. 1 83365438+1October1,Belgium promulgated the first extradition law in the world, namely the Outline of Extradition Law, and Britain also promulgated the Extradition Law in 1870, which clearly stipulated strict extradition procedures and marked the birth of modern extradition system.

The subjects requesting extradition, that is, countries with the right to request extradition, have the following three categories:

1, the country to which the criminal belongs. On the basis of personal superiority.

2. The country where the crime occurred. On the basis of geographical advantages.

3. affected countries. Based on protective jurisdiction. If several countries request extradition for the same crime at the same time, what should the requested country do? The general rule is: the country where the crime occurred has priority; If there are several crimes, according to the law of the requested country, the country where the most serious crime occurred takes precedence; If it is equally serious, it will be decided according to the order of requests.

Verb (abbreviation of verb) the object of extradition

The object of extradition refers to a person accused of a crime by another country. It can be a national of the requesting country, a national of the requested country, a national of a third country or a stateless person. Among them, the nationals of the requested country, except a few countries in Britain and the United States, refused extradition. Britain and the United States did not refuse because of their stubborn view of territoriality of criminal law and the principle that domestic criminal acts should not be punished in foreign countries. Another question is, if the extradition object is a person from a third country, are the requesting and requested countries obliged to notify the third country? There are differences in theory, but there are no rules in practice. The general trend is that according to the territorial advantage, the requesting country has no notification obligation; According to the right of personal superiority of a third country, especially the right to protect overseas Chinese, the requested country should notify, but it is not an obligation.

Conditions and procedures for extradition of intransitive verbs

A crime that can be used as a condition for extradition must be an act that is considered a crime by the laws of both the requested country and the requested country, and must be sentenced to at least a certain period of imprisonment, that is, the so-called "same principle", also known as the principle of double criminality, or at least a crime stipulated in the extradition treaty. Generally, it is common criminal crime, war crime, hijacking crime, etc. Minor crimes, such as police violations, do not constitute extradition conditions. In addition, some extradition treaties specifically stipulate the reasons why extradition is not allowed. For example, a citizen of the requested State Party commits a crime in the requested State Party, and cannot be sentenced according to the laws of the requested State Party for reasons such as limitation, or the requested State Party has made a judgment on the crime of extradition or decided not to prosecute. At the same time, extradition treaties generally stipulate not to extradite political prisoners, religious crimes and crimes against military law, such as desertion. Requests for extradition of criminals are usually handled through diplomatic channels. Requests are usually made through extradition requests, conveyed by diplomatic or consular representatives or national governments, and accompanied by evidence of crimes. The requesting country must accept the request within a certain period of time after being informed of the time and place of the decision to surrender the offender, usually at an appropriate border. Once received, the extradition procedure is completed. The requesting country can only try or execute a judgment on the charges of making a request and granting extradition, which is the so-called "single-minded principle". Otherwise, the requested State has the right to lodge a protest. Without the consent of the requested country, the requesting country shall generally not extradite criminals to a third country.

legal ground

Article 8 of the Extradition Law of People's Republic of China (PRC)

When a foreign country makes an extradition request to China, if the extradition request refers to a purely military crime according to the laws of People's Republic of China (PRC) or the requesting country, it shall be rejected.