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C. Hadjivangeli & Partners LLC

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Extradition

 

Extradition means the expulsion or foreign citizens and stateless persons to another state at the request of the latter’s law enforcement bodies.
What regulates the issue of extradition is several important prerequisites and necessary requirements.
1. The majority of extradition cases concern citizens of different countries or states who have fled from their place of origin or residence in order to avoid facing the law for something they are investigated or accused of committing.
2. An extradition request is sent in respect of a particular foreign citizen. Mass expulsions of persons under one single extradition request are illegal.
3. The request of extradition must be sent In writing through diplomatic channels, its content must comply with the provisions of international treaties
4. Extradition requests are only executed in connection with the criminal prosecution of the remanded person who is under charge or suspicion of committing grave crime. There is no provision by an international treaty for requesting or extraditing persons regarding administrative or cases with minor gravity.

Regulating Legislation
1. European law regarding requested individuals between EU Member States / European warrant and extradition LAW
http://www.cylaw.org/nomoi/enop/non-ind/2004_1_133/full.html
Concerning the extradition of persons between two EU Member States
2. Regarding fugitive persons from 3rd Countries LAW / International warrant and extradition LAW
http://www.cylaw.org/nomoi/enop/non-ind/1970_1_97/full.html
Concerning the extradition of a person to a 3rd country.
3. European Convention on Extradition
https://rm.coe.int/1680064587
Concerning obligations and provisions and guidelines

Commencement of procedure and documents
In order for the extradition procedure to commence the documents that the prosecution has to provide are the request of the requesting state (signed by the minister of foreign affairs or any other high official or relevant authority) and the warrant by the police or court order from the requesting state’s law enforcing bodies.
Furthermore the minister of justice of the state that is asked to extradite has to give his signed permission-authorization in order for the procedure to be valid.

Exceptions.
No individual can be extradited to a requesting State under the request in case the alleged prosecution concerns the below

1. Prosecution for Sexual Preferences
2. Prosecution for Political Views
3. Religious beliefs
4. Extradition to a war zone

Law firm address

Nicosia: 8 Kennedy Ave., Office 101, CY-1087, Lefkosia, Cyprus Limassol: 1 Ellis Lampeti street, Office 201, CY4105, Agios Athanasios, Limassol, Cyprus Larnaka: 2 Apostolou Varnava, Tsokkos Court, Flat 103, CY6023, Larnaka, Cyprus Paphos: 23 Fellahoglou Street, CY8016, Paphos, Cyprus

Consultation

Tel.: International: +357-22366777 Fax:+357-22366778 +357-22366779

Mailing details

hadjivangeli@hadjivangeli.com