Extradition — Meaning and Process — KSLU Pil Notes

Extradition — Meaning and Process

Extradition = the formal process by which one State (requested State) surrenders a person to another State (requesting State) for prosecution or punishment.

flowchart TD
    A[Fugitive flees to State B] --> B{Extradition Treaty between A and B?}
    B -- Yes --> C[State A sends formal request with evidence]
    B -- No --> D[No legal obligation - aut dedere aut judicare applies]
    C --> E{Exceptions apply?}
    E -- Political offence --> F[REFUSED - Political Offence Exception]
    E -- Double criminality fails --> G[REFUSED - Act not a crime in State B]
    E -- Death penalty / torture risk --> H[REFUSED - Human Rights bar]
    E -- Own national --> I[REFUSED if State refuses to extradite nationals]
    E -- No exception --> J[EXTRADITED to State A]
    D --> K[State B may prosecute domestically]