
Contents
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A Background and Purpose A Background and Purpose
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1 General introduction and context 1 General introduction and context
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2 Background 2 Background
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3 Purpose and content of the present Article 3 Purpose and content of the present Article
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B Negotiating History B Negotiating History
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1 Origin 1 Origin
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2 Early drafts 2 Early drafts
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3 Ad Hoc Committee discussions 3 Ad Hoc Committee discussions
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C Interpretation C Interpretation
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1 Scope of application 1 Scope of application
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(a) Paragraph 1: scope of application (a) Paragraph 1: scope of application
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(i) Offences covered by the Convention, Article 16(1) 1st alt (i) Offences covered by the Convention, Article 16(1) 1st alt
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(ii) Organized criminal group offences, Article 16(1) 2nd alt (ii) Organized criminal group offences, Article 16(1) 2nd alt
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(iii) Dual criminality (iii) Dual criminality
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(b) Paragraph 2: other serious crimes (b) Paragraph 2: other serious crimes
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2 Legal bases for extradition 2 Legal bases for extradition
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(a) Paragraph 3: other existing extradition treaties (a) Paragraph 3: other existing extradition treaties
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(b) Paragraph 4: UNTOC as a legal basis for extradition (b) Paragraph 4: UNTOC as a legal basis for extradition
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(c) Paragraph 5: notification (c) Paragraph 5: notification
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(d) Paragraph 6: extradition without a treaty basis (d) Paragraph 6: extradition without a treaty basis
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3 Paragraph 7: conditions of extradition 3 Paragraph 7: conditions of extradition
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4 Paragraph 8: expedited extradition procedures 4 Paragraph 8: expedited extradition procedures
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5 Paragraph 9: provisional arrest 5 Paragraph 9: provisional arrest
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6 Refusal and conditional extradition 6 Refusal and conditional extradition
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(a) Paragraph 10: aut dedere aut judicare (a) Paragraph 10: aut dedere aut judicare
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(b) Paragraph 11: conditional extradition of nationals, temporary surrender (b) Paragraph 11: conditional extradition of nationals, temporary surrender
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(c) Paragraph 12: enforcement of foreign sentence (c) Paragraph 12: enforcement of foreign sentence
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7 Safeguard clauses 7 Safeguard clauses
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(a) Paragraph 13: fair treatment (a) Paragraph 13: fair treatment
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(b) Paragraph 14: non-discrimination (b) Paragraph 14: non-discrimination
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8 Paragraph 15: fiscal offence exception 8 Paragraph 15: fiscal offence exception
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9 Paragraph 16: consultation before refusal 9 Paragraph 16: consultation before refusal
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10 Paragraph 17 10 Paragraph 17
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Cite
Abstract
This chapter discusses the concept of extradition as indicated in Article 16 of the United Nations Convention against Transnational Organized Crime (UNTOC). Extradition refers to a formal process to return or deliver fugitives from the jurisdiction where they are present to the jurisdiction with concerning criminal activities. Moreover, extradition is usually based on a treaty and in the absence of relevant treaty provisions there is no obligation under international law to extradite to another State. Article 16 only provides a broad legal framework, rather than spelling out all the requirements and conditions of extradition. The chapter explains the approaches to using UNTOC as the legal basis for extradition.
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