Restrictions on Prosecution or Punishment in Requesting Country for Offense for Which Extradition Not Granted By United States
Statutorily, the Secretary of State is restricted from surrendering a requested individual for an offense for which he was not found extraditable. However, extradition treaties may provide for exceptions. Some exceptions which would permit prosecution or punishment for offenses for which extradition was not granted may be: 1) If an individual fails to leave the country in a timely manner following the completion of his sentence or following an acquittal; 2) If an individual leaves the country following the completion of his sentence or following an acquittal and then returns to the country; 3) If the individual commits an offense following extradition, such as murdering another prisoner while incarcerated; 4) If the requesting country, after proper extradition proceedings makes a formal request to proceed against the extraditee with additional charges (the requesting country would be required to furnish supporting documentation as if the request was made pursuant to an extradition proceeding and the “new” offense for which prosecution is requested would also have to be an offense for which extradition could have been originally granted); and 5) Individuals may be subject to conviction based upon a lesser included offense or an offense based upon the same facts, yet differently denominated, if expressly permitted by treaty.
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