Criminal acts committed in a foreign country require a host of laws and procedures to be followed in order to successfully extradite the target. If you are facing international extradition, it is imperative that you take immediate action to protect yourself.
In general, international extradition entails the transfer of an accused or suspected criminal to another nation that has made a formal request for the procedure. As per international law, sovereign nations are not obligated to surrender an individual within their territory. However, because of a mutual desire to see justice served, countries have established binding extradition treaties with other countries. There are exceptions to these treaties, and there are no extradition treaties with every other country.
We have the expertise and experience necessary to effectively represent clients who are the subject of an international extradition request. We are committed to defending your rights and preventing your extradition.
What is the role of treaties or conventions in the extradition process?
Treaties and conventions are essential for extradition, as they establish the legal framework and procedures for the surrender of individuals between countries. They establish the crimes for which extradition is appropriate, establish conditions and safeguards, and often outline procedural requirements to ensure compliance with international standards. These agreements help streamline the process and provide a basis for cooperation among nations.
An extradition treaty specifies the circumstances under which extradition between two countries will occur, and how. This will comprise a list of agreed-upon offenses that each nation has agreed to extradite. The Kingdom of Morocco has many extradition treaties with many countries, and extraditions are possible even without a treaty through diplomatic relations.
Are there any exceptions to extradition?
Even when there is an existing treaty between the two countries, there are numerous factors that have an impact on extradition. The request must be formal and contain detailed information regarding charges, evidence, and legal basis. After receiving an extradition request, Moroccan authorities, specifically the Ministry of Justice, examine it to ensure that it meets legal requirements. Moreover, the Moroccan judiciary plays a significant role in this process. The request must conform to Moroccan law, and the Moroccan courts will assess whether the individual meets the criteria for extradition. Further, many laws contain exceptions, which may provide a viable defense. Numerous treaties stipulate that a foreign nation may decline to extradite an otherwise eligible fugitive if the requesting state intends to pursue the death penalty, or torture for example.
Morocco generally considers several factors when evaluating an extradition request:
- Political crimes: In general, a nation will not grant extradition for a crime of a political nature. However, it is up to the state holding the alleged criminal to determine what constitutes a political crime. Morocco will not extradite individuals who are accused of political crimes or who are believed to be politically motivated.
- Dual criminality: Some extraditions are fought because the country holding the individual would not punish the person for committing the alleged crime within its own borders. In this case, the act for which extradition is sought must be a crime under both Moroccan and requesting countries laws.
The doctrine of specialization states that a fugitive who is extradited can only be prosecuted for the crime that was alleged in the request for extradition.
Nationality criteria: Many countries, including Morocco, refuse to extradite their own citizens to other nations. Instead, they might choose to prosecute the individual domestically for the alleged offenses. This principle is based on the idea that a country should handle criminal matters involving its own citizens.
Procedural Errors: One of the most common defenses against extradition is a procedural error. The convoluted steps required to affect extradition can cause procedural errors. These errors could then be used to argue against extradition.
There exist defenses that may be implemented during the process to prevent the extradition of a suspect to or from The Kingdom of Morocco
It should be clear from this brief explanation that the extradition laws and the process of extradition are complex subject matters that require the assistance of an attorney experienced in international extradition. If you are seeking information or representation in connection with a request for extradition from a foreign country or the Moroccan government, we can provide proficient legal assistance in the intricate and nuanced realm of extradition law. We are prepared to assist you with our high expertise. Our team is available 24/7 to assist you.
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