09 Apr 11 Puntos sobre el tratado de Extradición entre Italia y Colombia
The processes of extradición Italia y Colombia they are very diverse and peculiar, their processing varies depending on the characteristics that cover each case, because when changing the peculiarities of the intervening subjects, the States that are part in the process and the crime in question, the defense strategy must also be modified developed by the lawyer in charge of the case. In our firm we have lawyers specialized in the processing of this type of matters, because the practical experience that we have achieved over the years along with the theoretical and doctrinal knowledge about this process, allow us to guarantee the quality and optimal preparation in the Representation of our customers.
If you, a family member or acquaintance is being held for a crime, we can help you.
Extradition is a legal procedure, based on the intention of the States to cooperate with each other in the prosecution of international crime.
1- Extradition and its legal basis.
The Extradition Italy - Colombia It is a legal procedure, based on the intention of the States to cooperate with each other in the prosecution of international crime. This process finds its legal basis in the existence of an International Extradition Treaty between the participating countries, as in most cases and also in a principle that governs Public International Law: The Principle of international cooperation.
This process is used by different countries in the international community, to move individuals who are in certain situations with justice from one country to another. That is, through this process a State can deliver a person who is insured or detained in its territory, to another State that claims it to continue the process of said individual under its jurisdiction. This is also the case if it is a subject that has already been sanctioned by the Courts of a specific State to complete the period of its sanction in another country.
2- Does extradition proceed between Italy and Colombia?
Among these countries there is an International Extradition Treaty, so the extradition of individuals among them is totally viable. In these cases, several issues have to be taken into account, such as the existence of elements that make Extradition inappropriate, this is the case of political crimes, since someone cannot be extradited when the cause attributed to him is constitutive of a criminal figure of this nature, there are also countries that do not extradite their nationals, in addition it must be a fact constituting a crime both in the requesting country and in the requested one and there is no extradition of an individual who is being accused of a crime with deprivation of liberty less than 1 year.
3- The Extradition Treaty between Italy and Colombia.
The Extradition Treaty between these countries regulates the way in which the individual must be extradited from Italy to Colombia or vice versa. This Treaty constitutes the legal basis on which this process is based and therefore regulates issues such as: the crimes that will give rise to extradition, the mandatory and optional causes to deny an extradition, the case of extradition of nationals, as well as as the necessary documentation for these processes, among others.
4- Imputability of charges other than those mentioned in the grant of extradition.
At the time of sanctioning, it is not possible to go beyond the charges imputed at the beginning of the process, establishing the Extradition Treaty as an exception to said approach that the subjects incur in the present assumptions:
- That after completing the extradition and leaving the territory of the Requesting Party, the subject returns voluntarily to it.
- At the end of the 30 days after the granting of his freedom, remain in the territory of the Requesting Party.
It follows that the grounds of imputability required of an individual for other crimes, are only accepted or prosecuted after the extradition has been completed, say that they are of origin before or after extradition.
The Treaty in question establishes that for the purposes of the same, it will not matter if the national legislation of one of the Parties indicates the fact or facts constituting the crime for which extradition is requested, with a different denomination from that of the other Party .
5- Simplified Extradition
In the Extradition Treaty between Italy and Colombia, Simplified Extradition is regulated, constituting one of the ways to expedite the extradition process, by means of the consent of the claimed person. Such consent must be made before the competent authority in writing and with the presence and advice of the defense attorney.
With the aforementioned, the requested party must grant the extradition without delaying the process and taking the necessary measures as regulated in its legal system to simplify the extradition.
6- Language and essential documents to make the extradition request
The Treaty establishes that for Extradition relations, documents must be sent with the corresponding translation into the language of the requested party.
The following documents are necessary:
- The request for extradition must be submitted through diplomatic channels to the Ministries of Justice.
- This application must contain and be accompanied by:
- Name of the requesting authority.
- Any useful information to individualize the person subject to this process, say name, nationality, identification document, etc.
- Exposition of the facts constituting the crime for which extradition is requested, with its corresponding legal qualification.
- Text where the legal provisions that establish the elements of the crime and its sanction are established.
- The corresponding copy of the arrest warrant or sentence of final conviction issued by the competent authority of the requesting party.
7- Guarantees in the Extradition procedure
Regardless of the crimes committed, the law reserves certain guarantees to these individuals. In the case of extradition, the subjects subjected to it will not be tortured or receive any cruel treatment or punishment, but their human rights will be respected and these guarantees will be enforced, which will be entrusted with authority to have the person in their custody.
8- Exceptional modalities in the delivery of extradited
There are two modes of delivery or transfer of the subject object of extradition, in these cases the individual is facing a criminal process or serving a sentence in a certain country and in unison faces an extradition process, because of a crime different from that for which was in that situation, and that at this point has already been accepted by the two intervening States.
Therefore, a first modality is stipulated, in which the delivery by the required party is deferred, that is, delayed or postponed, so that the individual responds criminally for the crime or the execution of the sentence occurs.
The other form that materializes for delivery is the temporary one, by means of which, the requested party accepts the transfer of the subject so that the extradition procedure is continued in the requesting State. This is made possible by an agreement between the parties to the treaty, congenializing the duration of the extradited person's stay in the requesting country and the manner in which the delivery will be carried out.
9- Procedural extradition supplement
The international extradition treaty regulates the manner in which the procedure in question is executed, but, if it does not understand or reach all extremes, the supplement or rule that subsidizes this deficit is the domestic or national legislation of the requested State.
10- Fundamentals in the delivery of objects to the requesting party.
The requesting nation may require the requested one, the delivery of certain objects that finally constitute part of the evidence of the commission of the transgression that originates in the extradition proceeding. You can proceed with the delivery of the goods and their seizure, without a request for assistance. The supply of the objects that are occupied to the person responsible for the crime must be done even if the subject for the reasons stipulated in the treaty is not found to have responded to the extradition. Naturally, as in all criminal actions, the probanza is essential, so that it is up to the requesting party to have under its domain the objects that are part and argue the perpetration of the crime for which the individual is to be extradited.
11- Positions that the required party can assume before the delivery of objects.
- The required party may deliver the items on condition that they are returned for it or returned later, for being subject to a precautionary measure provided in a criminal proceeding or when the operative powers on the good are caused, in the course of the process But you can also hold objects temporarily.
- The required party is empowered to demand the re-delivery to its territory of the objects on which they have rights, either she or third parties. This diligence necessarily demands the veracity of the initial delivery to the requesting party, and the reshipment will be consummated under the conditions of the requested state, and without any obligation to pay for said action.
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The processes of extradición Italia y Colombia son muy diversos y peculiares, varía su tramitación en dependencia de las características que revisten cada caso, pues al cambiar las peculiaridades de los sujetos intervinientes, los Estados que son parte en el proceso y el delito en cuestión, también debe modificarse la estrategia de defensa que desarrolla el abogado a cargo del caso.