Extradition

The inevitable need for closer cooperation between states in the field of mutual legal assistance, in particular, on the extradition of offenders is one of derivatives of globalization process. The extradition procedure is governed by international and national legal regulations. At the same time, observance of the rights and interests of a person who is wanted by Interpol, or in respect of whom a corresponding request has been made, is one of the important areas of legal practice.
 
What shall one do when the threat of extradition appears? The specialists of AA Legard will provide one with the necessary legal services for consulting and representation. We shall assist at any stage of the “extradition” case!
 

The recipe for our success remains the same. This is experience, plus a thorough study of the details, and an excellent knowledge of procedural requirements and possibilities. This practice of AA Legard provides for provision of the following services.

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Consulting

on application of the norms of Criminal Procedure Code of Ukraine (CPC), the European Convention on Extradition dated December 13, 1957 and other legal acts

Prevention of temporary arrest:

collecting and submitting evidence of the absence of grounds for the investigating judge to take decision on its application

Appeal against decision of the investigating judge

on application of temporary arrest in the court of appeal.

Prevention of extradition arrest,

assistance in selection by the court a preventive measure not related to being held in detention.

Preparation and filing of a complaint

to verify the existence of grounds for release of a person from custody during the period of arrest.

Representation of the client’s interests

in case of applying the procedure for extradition of a person in a simplified manner (Article 588 of the CPC), in particular – preparation of application for consent to extradition and refusal to apply special rule of the boundaries of criminal liability (ad hoc)

Interaction with the competent authority

during the extradition check in order to clarify the circumstances that may prevent extradition of a person.

Preparation and submission of an application

for recognition of a person a refugee or one who needs additional protection. The decision to extradite a person (extradition) cannot be made if such an application is submitted.

EXTRADITION PROCEDURE

  1. Announcement of a person wanted by Interpol.
  2. Delivery of an official request to establish the location of a person to the National Central Bureau of Interpol in Ukraine.
  3. Detention of suspected person, accused or already convicted of a crime in another state.
  4. Taking of decision on temporary arrest in the form of detention by the investigating judge.
  5. Temporary arrest – taking into custody of a wanted person pending receipt of a request for extradition (extradition) for up to 40 days. An extradition request may be made immediately without preliminary steps.
  6. Receiving a request from a foreign state for the extradition of a person.
  7. Taking of the decision on extradition arrest and preventive measure by the investigating judge.
  8. Extradition arrest – the application of a preventive measure for up to 12 months in order to ensure the extradition of a person.
  9. The court’s decision on extradition.
  10. Actual transfer of the person to the jurisdiction of the state that addressed with such request.

Comprehensive support of the case or involvement of AA Legard specialist at any of the indicated stages is a powerful lever of influence in achieving the result required for the client!

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