The meaning of extradition as an institute in the international legal cooperation

• Author: Nada Simjanoska
• Pages: 274-281

274

Vol. 2 No. 3

January, 2017

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Tirana-Albania

ISSN 2410-759X

Acces online at www.iipccl.org

The meaning of extradition as an institute in the international legal

cooperation

Nada Simjanoska

Abstract

The international legal co-operation in criminal mam er in the last decades gets new dim ensions

with a signifi cant increase of the requests for a mutual co -operation between the countries. The

reason for this is the expansion of the criminal acts with a foreign element, which imposes

the need of reformation of the Criminal law in Republic of Macedonia. By these reforms the

country confi rms its intention to adopt the process of unifi cation of the national with the

European legislation.

Extradition is a very important institute of criminal law and one of the leading institutes in

international legal cooperation based on international mutual co-operation in the prevention of

crime because disable the perpetrators of crimes to move from one country to another in order

to avoid criminal liability and corresponding penitentiary, or execution of a valid sentence.

The purpose of this study concerns primarily on determining the strengths and weakness in

the functioning of Institute of extradition through implementation of multilateral conventions,

bilateral agreements and national legislation. Among other things, the development of this

topic will be addressed on reforms of national legislation in the fi eld of Criminal Law, with

particular reference to the adoption and multi annual application of Law on International

Cooperation in Criminal Mam ers.

Keywords: international legal cooperation, extradition, criminal legal aid, national law,

request for extradition.

Concept

Particularly sensitive part of international cooperation in criminal mam ers, exactly

because of their international legal and political aspects is certainly the extradition

process. It aims, the suspect who commim ed a crime to bring before the national

courts of the requesting State, for what is necessary, from the requested State to

organize physical transfer.1

According to Krapac2 extradition is a legal action among the countries with which the

foreigner or stateless person, based on legal procedure, leading to another country

to be prosecuted for a crime or to execution of criminal sanction. Also according

to Hecker, extradition is a particular form of legal aid and is subject to a formal

procedure, which aims to, legally convicted criminal oT ender to be transferred to the

jurisdiction of the Member State.3 In the European Convention on Extradition of 1957,

“Extradition“4is the process of returning fugitive from the law in the country which

has issued an international arrest warrant.

1 Hanker, L, Schomburg, B, International Legal Assistance in Criminal Mam ers, Manual for practice,

Tabernakul 2009, page 38

2 Krapac, D. The international criminal assistance, OU cial Gazem e dd Zagreb, 2006, p.52

3 Hecker, B, European criminal law, Datapons, 2010, str.452.

4 Council of Europe, European Convention on Extradition, Paris, 13.12.1957.