Extradition between Countries
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The procedure of Extradition It is an instrument used in the international community by the different States, with the purpose of cooperating with each other to solve legal-criminal situations. This procedure is a tool that allows the transfer of individuals from one State to another, when they are facing a criminal process or serving a specific sentence.
In these procedures the State that makes the request by claiming the delivery of the individual, is called the requesting State and the one that accepts or refuses said request is called the Required State. From which derives the existence of two types of Extradition, Active Extradition and Passive Extradition. The first refers to the requesting State, given the active attitude it has in the process, being the one who promotes its initiation; while Passive Extradition corresponds to the Required State.
The extradition of a subject can be carried out if there is an Extradition Treaty between the intervening States, in which they will be called `` parties ''.
The extradition of a subject can be carried out if there is an Extradition Treaty between the intervening States, in which they will be called "parts". This Treaty stipulates legal precepts that regulate and guide the procedure between the parties, clarifying guidelines such as: the crimes for which extradition may be carried out, cases in which said request may be denied, the treatment of nationals of each one of the parties, the guarantees that cover the legal relationship in question, the language that will govern the procedure, the necessary documentation, among others. In the case of the absence of an Extradition Treaty, the parties may carry it out under the principle of international cooperation: Principle of Reciprocity, which is really exceptional cases.
In order for the Extradition procedure to be possible, certain elements must be taken into account, since extradition can only be requested for a crime provided for in a Law in force, both at the time of its commission and at the time of processing the request. In addition to the fact that the person is prosecuted, it must be constitutive of a crime in the laws of each of the related parties and cannot be a crime punishable by less than 1 year of deprivation of liberty.
The competent Court agrees, ex officio or at the request of the Prosecutor, in a well-founded resolution, to request extradition from the moment in which, due to the status of the case and its result, it is appropriate, in accordance with what is regulated in its Internal legislation. Upon granting the Extradition of the individual proceeds to transfer as stipulated in the Extradition Treaty by the parties.
Assistance to the detainee at the police station
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Before an arrest, the highest priority is to receive specialized legal assistance as soon as possible and to maintain contact with the outside.
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Assistance to the detainee in the same police units within 12 hours to cover all the needs of the affected person and his family.
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