Extradition Treaty Law and Procedure – Part 8

Offenses Warranting Issuance of a Warrant of Apprehension

Prior to the issuance of a warrant of apprehension, the judge or magistrate, before whom an extradition complaint is filed, must determine whether the offense for which the individual is sought is an extraditable offense. In order to make this determination, the judge or magistrate must review the treaty under which extradition is requested.

A common misunderstanding surrounding extradition is that statutorily a requirement of dual criminality exists. While many treaties effectively require that an alleged offense, committed within the country requesting extradition, be a generally recognized crime by the requested country, no requirement as such is mandated by federal statute. As such, governments are free to create provisions they deem necessary for the adequate protection of their interests.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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