Article 14 protocol i these are sometimes called

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Unformatted text preview: is extradited may be tried only for the crime specified in the request for extradition and included in the list of offenses in the extradition treaty 3. Any person may be extradited, whether he be a national of the requesting State, of the State of refuge or of another State. He need not be a citizen of the requesting State 4. Political or religious offenders are generally not subject to extradition. Note: Attentant clause is a provision in an extradition treaty which states that the murder or assassination of the head of a state or any member of his family will not be considered as a political offense and therefore extraditable. 5. 6. The offense must have been committed within the territory of the requesting State or against its interest Double Criminality Rule – The act for which the extradition is sought must be punishable in both States Q: What does the Principle of Dual Criminality mean in extradition? A: Under the principle of double or dual criminality, the crime must be punishable in both the requesting and requested States to make it POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. PUBLIC INTERNATIONAL LAW extraditable. Q: What does the Principle of Specialty mean in extradition? A: Under the principle of specialty in extradition, a person cannot be tried for an offense not included in the list of extraditable offenses in the extradition treaty between the requesting and the requested States, unless the requested State does not object to the trial of such person for the unlisted offense. Q: What is the procedure for extradition when a foreign State requ...
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This document was uploaded on 03/12/2014.

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