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

AuthorNada Simjanoska
Vol. 2 No. 3
January, 2017
Balkan Journal of Interdisciplinary Research
IIPCCL Publishing, Tirana-Albania
ISSN 2410-759X
Acces online at
The meaning of extradition as an institute in the international legal
Nada Simjanoska
The international legal co-operation in criminal mam er in the last decades gets new dim ensions
with a signi 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 con rms its intention to adopt the process of uni 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 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.
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.

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