Extradition is the judicial process (criminal-administration) for which a person accused or condemned for a crime conforms to the law of a state is detained in another state and returned to the first, in order to be tried or to carry out the sentence already imposed. Contact our lawyers if you have a problem in relation to asylum.
The types of extradition are:
Active extradition: A State requests another to send a person.
Passive extradition: The requesting State sends the captured person to the requester.
Re-extradition: A State which has obtained the individual from another state, puts at the disposition of a third state with a better right to judge them or cause them to carry out the criminal sentence imposed by the judge celebrated previously (art. 20 LEP).
Transit extradition: A State permits the extradited person to pass into their territory from a second State to a third State.
On the other hand, according to which entity has the ability to grant it is distinguished between:
– Judicial extradition: if it corresponds to justice tribunals.
– Governmental: if it corresponds to executive power.
– Mixed: if the government and tribunals intervene (like in Spain).
It is a judicial resolution for which a State in the EU (Claiming State) asks another (claimed State), also a member of the EU, to deliver a person, of who when there is at least suspicion that they can be found in the land of the latter.
Asylum is the right which a person has to not be extradited from one country to another where they are required to be judged for political crimes. It is regulated by the Law 12/2009, of the 30th of October 2009, which regulates the right to asylum and subsidiary protection. Our lawyers have requested Asylum for clients in the past.
Therefore, there are various ways to request the delivery of a person and various ways of defending the relevance or not of delivery, with our lawyers always knowing the best option for your case.
Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below, by emailing email@example.com, or by telephoning +34 93 514 39 97.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant for your case please contact us.