Seminary work

Subject: English
Extradition















Professor: Student:












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I ntroduction

This paper will deal with extradition, extradition of accused or convicted persons. For
that reason, at the beginning of work is necessary to explain basic concepts, concepts that are
essential for work and which extend through the whole matter.
The defendant is an individual against whom the criminal proceedings because of the evidence
underlying the suspicion that the person committed an offense that is the subject of criminal
proceedings. Unlike the defendant, the convicted person is a person who is a final verdict and
sentencing established that the criminal responsible for a criminal offense. The defendant in this
case is a broader term, there is a term broadly, and encompasses three status of persons against
whom criminal proceedings: accused and convicted.















Extradition of the accused
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Extradition is the surrender of the accused person designated by the competent authorities
of one country to another country. There are active and passive surrender. Active surrender
means surrender of a person to domestic country, and passive surrender is the extradition of the
domestic country to foreign. The rules of extradition are contained in international treaties, and
in the Law of criminal procedure. This matter is contained in the Law on mutual legal assistance
in criminal matters. This law regulates the two forms of extradition:
extradition of accused to another country that demanded the extradition;
extradition of the accused to our country, based on the request submitted by the Republic
of Serbia.
Extradition proceedings can be divided into two phases, the judicial process is reduced take
certain procedural actions and proceedings in front of administrative body that decides on the
extradition request. Court proceedings take place first before the investigating judge and then the
Pre - Treal Chamber, while the proceedings before the administrative body takes place in front of
minister of judice.
Actions carried out by the investigating judge in the proceedings can be divided into
mandatory and optional. The required action include: hearing the person whose extradition is
required and testing the existence of conditions of extradition. The optional activities include the
issuance of a search of the apartment and the person, seizure, detention and others.
When the person whose extradition request brought to the investigating judge, he first
determines his identity and then he tell reasons of appearance or evidence on which is based the
extradition request and tell him which rights he has. Person whose extradition request has right to
passive defence, the right to legal defence and the right to counsel present at his hearing.
After the hearing person whose extradition was requested may be detained, but only if
there is a risk of escape or danger from the obstruction of evidence. Custody may not exceed one
year from the date of detention of person whose extradition is requested.





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Extradition of the accused on the Republic of Serbia

Ministry of judice of the Republic of Serbia may request the competent court to apply for
extradition of a person, but only if they fulfilled two conditions: that the person has the statut of
defendant and that the person is abroad.
If the party states approve the request for extradition under certain conditions relating to
the type and severity of criminal sanctions, the national court in imposing the sentence required
to adapt to these conditions.
If the extradited person was detained in a foreign country because the crime for which it
was delivered to, the time spant in custody shall be credited to the criminal sanction is
deprivation of liberty.

2. Transfer of criminal prosecution to a foreign country

Requested country may be transferred to prosecute a person if the provision satisfies the
requirements of the international criminal legal assistance, related to non-political character of
the crime, and that the provision of international criminal legal aid would not harm the
sovereignty, security, order public or other essential interests of Serbia and that the addition met
one of the prescribed alternative assumptions: that the person is domiciled or resident in the
requested country or a person in the requested country to serve a sentence of imprisonment or
other criminal sanction consisting in the deprivation of liberty.
Jurisdiction of the authority that issues the decision to start the procedure for transfer of
criminal prosecution is determined by considering the procedural stage in which such decisions
are taken. The decisions are taken: Public Prosecutor (before starting the procedure), the judge
(before the entry into force of the indictment), the Pre-Trial Chamber (by the beginning of the
trial) or the Trial Chamber (until the end of trial).
If the requested country to submit the decision not to accept the download of criminal
prosecution, if the requested country withdraws from the decision to take over criminal
prosecution, if the domestic judicial authorities give up the transfer of prosecution before the
requested country to submit a decision on the request, the domestic judicial authorities continued
prosecution.
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Conclusion
After reading these pages we can conclude that international assistance in criminal
matters is very important for the prosecution. The division of the international criminal legal
assistance to small and large, that the broad and narrow sense, is the traditional division, but we
can freely say that both kinds of very important because from them depends on the flow and
efficiency of criminal proceedings against persons who are fitting over the country, that there are
permanent or temporary residence and to persons serving a sentence there, or some other
punishment which consists in the deprivation of liberty.