18 May 12 Points on Extradition between Italy and the Dominican Republic
The processes of Extradition between Italy and the Dominican Republic They are very diverse and peculiar. Alexandro Maria Tirelli, a prestigious lawyer, member of the International Lawyers Associates law firm, one of the most specialized in international criminal matters in the Italian territory, develops his defense work in Extradition cases. It serves clients all over the world who are involved in criminal proceedings and face a cause of extradition. As a lawyer he becomes the representative of the will of his clients and keeps them informed at all times about the updated status of his process.
If you, a family member or acquaintance is being held for a crime, we can help you.
It is important to note that between Italy and the Dominican Republic there is no Extradition Agreement or Treaty, so the question arises, will the extradition of defendants or convicts be possible between them?
1- The extradition of defendants or convicts between Italy and the Dominican Republic.
It is important to note that between Italy and the Dominican Republic there is no Agreement or Extradition TreatyAs the question arises, will the extradition of defendants or convicts be possible among them?
Both countries are signatories of the United Nations Convention against Transnational Organized Crime implemented in Palermo in the year 2000, so that by virtue of what is stipulated in said Convention they can be handed down accused or condemned reciprocally, even if there is no Treaty of Extradition. In addition, the Law on Extradition of the Dominican Republic in its Article 3, establishes that the International Treaties are not the only legal source that nourishes the extradition procedures, recognizing, in addition, the Principle of Reciprocity, a General principle that governs in the field of Law Public International and that allows reciprocal treatment between States; in this way, in the absence of an Extradition Treaty between the Dominican nation and another country, in the same way, the process can be processed under said Principle, which stipulates that one State will treat another in the same way that it is treated for that one
2- Law of Extradition of the Dominican Republic.
Law No. 489 on Extradition in the Dominican Republic regulates the conditions of this procedure, in general terms for the Latin American nation. Establishing in the first order that the Executive Power is the competent authority to request and grant extradition, as an organ of relations between States and because it is an act of sovereignty that can only be requested or granted by the authority representing the State , in front of foreign countries; therefore, it is only for this agency to represent the Dominican State as a Requesting country when requesting the extradition of an individual, or as a Required country when responding to an extradition request.
3- Regulation of cases of extradition of nationals.
The State of the Dominican Republic agrees to the extradition of its nationals, under certain requirements, that is to say, that not in all cases in which the delivery of a Dominican is requested, it can be approved. In order for the extradition of one of its nationals to take place, the Dominican Government establishes that there must be requests for crimes such as: Illicit trafficking of drugs and controlled substances and the laundering of goods from this activity, murder, kidnapping, stupidity , abduction or seduction of children under fifteen, camal commerce or pimping, robbery with violence, counterfeit coins, scams, crimes related to the traffic of historical and archaeological objects and air piracy.
Also taking into account that when the extradition of a national is carried out, the penalty imposed on him in the other State may not exceed 30 years of deprivation of liberty.
4- The extradition of foreigners and the required documentation.
The Law details in an enumeration of clausus numbers, the cases in which the Dominican Republic will deny the delivery of a foreigner under its jurisdiction claimed by another State, as well as the disposition of the crimes for which extradition of foreigners will be granted, such as drug trafficking and controlled substances and the laundering from this activity; Murder, among others. In addition, the documents that must accompany the extradition request are developed, as well as the requirements that must be covered.
5- Requirements for the Extradition request to be appropriate.
The application of Extradition between Italy and Dominican Republic It will not prosper if the requesting State is not competent to judge the individual it is claiming. Likewise, the request for Extradition cannot be accepted if the fact by which the subject is being prosecuted is not considered a crime both in the legislation of the requesting country and in the case of the Dominican Republic. In addition, the criminal action regarding the crime could not have been prescribed or expired and the crime in question must be punishable by more than 1 year deprivation of liberty.
6- Role of citizenship as a limitation to the extradition procedure.
In the case of both States, special attention is given to the treatment of citizens who are subject to extradition. So, the extradition of nationals is denied, constituting a limitation to the procedure.
7- Right of individuals arrested for extradition request.
The subjects who have been arrested or detained for promoting an extradition lawsuit between Italy and the Dominican Republic have the right to request their provisional release under the imposition of a bail bond, which involves the payment of an amount determined cash in exchange for responding to the process released. These judicial proceedings will be carried out in accordance with the internal legislation of the State of the Dominican Republic, under the same procedures that would be carried out if the criminal conduct had been consummated in its territory.
8- Exception through which extradited people are permanently released from the process.
Once the extradition has been granted and duly notified to the diplomatic agents or to the headquarters, the State that required it has a term of one month to transfer the subject claimed. The exception that causes extradited persons to be free from extradition lies precisely in the breach of the previous term, which would mean that the extradited person must be immediately released and that no other detention action can be committed against him for the same cause. of extradition. This extends its consequences, because if the detention does not proceed for the same reasons, the extradition would be without legal grounds.
9- Assumption in which the re-delivery of the extradited is evidenced.
The re-delivery of the extradited occurs when the requesting government has already retained in its territory the individual subject to extradition between the Italy and the Dominican Republic, but who, for reasons of violation of the justice actions manages to take refuge again in the requested State, the that with the mere diplomatic request he proceeds to his urgent and subsequent detention, re-delivery to the extradited, thus complying with the requested State with its cooperation agreements.
10- Participating State that covers the costs of processing extradition.
Despite the fact that the extradition is born of agreements between international subjects, the expenses are borne by the requesting State, which is the one that demands the transfer of the subjects for the causes established in the international conventions. Therefore, the applicant covers the charges for the delivery of objects related to the crime that originates from extradition, the incidental diplomatic procedures and the contribution of judicial documents that are the basis of the extradition procedure.
11- Application of the non bis in idem rule in extradition between the States of the Dominican Republic and Italy.
This rule pertaining to the principles of criminal proceedings, raises the inadmissibility of judging or directing a subject twice for the same crime, becoming in this case, effective when extradition between the Italy and the Dominican Republic is denied, so that a new application or claim is admitted for the same punishable act. This principle is not applicable in cases where extradition is denied for formal reasons, that is, if the supporting documents and that inform the extradition procedure lack all or part of the requirements in a manner stipulated in the legislation of the Status required for the extradition request between the Italy and the Dominican Republic, the proceeding is directed towards the return of the documents in order to remedy or modify the issues that are wrong or that are not established. The requesting State has the option of renewing the claim, and will be at the discretion of the requested State if the new request submitted completes all necessary formalities.
12- Mode in which the delivery of the incumbency objects in the extradition takes place.
The objects of extradition concern are those that were occupied to the extradited individual because of the commission of the crime, which specifically moves the entire extradition process. Then, the way in which the delivery of these objects occurs is in conjunction with the transfer of the accused, and these seized assets favor the evidence for the prosperity of extradition between Italy and the Dominican Republic. The only drawback lies in the interests that third parties possessed based on legitimate rights over such objects, and that therefore would have negative consequences for the aforementioned third parties in case of deprivation of the property. To provide a solution to this problem, the requesting State undertakes to remunerate people for the good or to return them as soon as the extradition process is completed.
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