Abu Dhabi Extradition lawyers in UAE explain the UAE law on extradition;
EXTRADITION OF PERSONS living in UAE TO A FOREIGN STATE;
Abu Dhabi Extradition lawyers explain the mechanism;
The extradition of a person in another territory is limited to the accused or convicted foreign persons to the foreign judicial authority for investigation, criminal trial, or enforcement of criminal judgments rendered against them.
Abu Dhabi Extradition lawyers explain the condition of extradition ;
The extradition of requested persons is conditional upon the following:
1 – The Law of the requesting State penalizes the crime for which it asks for extradition by imprisonment of at least one year or any other greater penalty.
2 – The extradition request must be an act that constitutes a crime penalized by imprisonment of at least one year or any other greater penalty in the territories of the requested State.
3 – If the extradition request is related to the imprisonment judgment for any crimes, the law stipulates that the remaining time for the sentence to serve in prison must not be less than six months for extradition performance.
4 – If the crime has a different name or description or should their elements differ from each other, it Shall not affect the determination of whether the activities for which the extradition of a person is under request constitutes a penalized crime in the Laws of the two States,
Abu Dhabi Extradition lawyers explain the reasons for rejecting the request for extradition;
Extradition of persons is not allowed in any of the following instances:
1 – If the requested person is a State citizen.
2 – If the Law in the requested State determines that the competent judicial authorities have jurisdiction over the crime for which persons they asked to extradition.
3 – If the crime object of the request is a political crime or correlated to a political crime;
but it shall not be deemed of this type the terrorist crimes, war crimes, genocides, crimes of aggression against the President of the State or any of his family members, deputy, or any of the Supreme Council members or his family members, or the Prime Minister or other persons enjoying international protection in addition to crimes of aggression against the State facilities and its vital interests.
4 – If the crime object of the request is limited to offenses against military obligations.
5 – If significant grounds contributed to believe that the demand for extradition aims for the prosecution or penalizing of a person for reasons related to his ethnic or religious affiliation,
or his nationality or political opinions or if the existence of any of these grounds shall damage the position of this person.
6 – If the requested person was subjected to investigation or trial procedures in the State for the same crime for which the crime is asked.
7 – If the requested person has a previous criminal trial for the crime the extradition asks for, a judgment of acquittal or conviction is rendered, and he has fully served the adjudged sentence.
8 – If the State’s courts render an irrevocable juState’sregarding the crime for which the extradition is requested.
9 – If the criminal lawsuit is prescribed or the sentence is forfeited by time limitation when submitting the request for extradition.
10 – If the requested person was subjected or may be subjected within the requesting State to torture, inhuman or insulting treatment, or a severe sentence not appropriate to the crime or if the minimum standard of guarantees determined in the Penal Procedures Code is not available
Abu Dhabi Extradition law firm explains the procedures for extradition;
The Public Prosecution shall investigate the person in the extradition request and issue a memorandum and investigation memo. After that, he will refer to the Court to decide on the extradition request.
Whereas, according to the text of Article 4/11 of Federal Law No. 39/2006 regarding international judicial cooperation, the extradition request submission coming by a diplomatic channel and referred to the competent department accompanied by the following data and documents translated into Arabic and officially certified by the competent authorities:
1 – The name, description, and data of the person to be extradited;
A copy of the legal text applicable to the crime and the penalty prescribed in the requesting country.
3 – An official copy of the investigation minutes and the arrest warrant issued by the competent foreign judicial authority, indicating the type of crime, the acts attributed to the requested person, and the time and place of their commission if the request concerns a person under investigation.
Ultimately, it’s up to the competent Court to decide whether to accept or deny the extradition request.
For illustrations about extradition in UAE, please visit:-
https://www.4l.biz/blog
https://ezz4law.com/services-3-4/criminal-lawyers-in-abu-dhabi/
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