Extradition: Meaning, Definition and Purpose of Extradition

1) Introduction 

            It is quite possible for a person to escape to another State after committing a crime in his own State because of the development of technology of air-traffic. Extradition is the official process whereby one nation or State surrenders a suspected or convicted criminal to another nation or state. Between nation, States Extradition is regulated by treaties. Extradition Comes to end when Asylum Starts.

2) Meaning of Extradition 

          Term 'extradition' denotes the process whereby under a concluded treaty one State surrenders to any other State at its request, a person accused or convicted of a criminal offense committed against the law of the requesting State,, such requesting State being competent to try the alleged offender.
          In Extradition, there are two States involved, the territorial State for example - State, where an accused or convicted, is found and to whom the request is made. And another state is requesting State, for example, a State where the crime has been committed. The request is made normally through the diplomatic channel.

3) Definition of Extradition -

         The Extradition may be defined as the surrender of an accused or convicted person by the State on whose territory is found to the State on whose territory he is alleged to have committed or to have been convicted of a crime.

Some eminent jurist defines extradition as follows -

         i) Lawrence - 

                        Lawrence defines Extradition as "the surrender by one State to another of an individual who is found within the territory of the former, and is accused of having committed a crime within the territory of the latter; or who having committed a crime outside the territory of the latter is one of its subjects and as such by its law amenable to its jurisdiction."

        ii) Oppenheim -     

                    According to Oppenheim, "extradition is the delivery of an accused or a convicted individual to the State on whose territory he is alleged to have committed or to have been convicted of, a crime by the state on whose territory the alleged criminal happens for the crime to be."

4) Purpose of Extradition -

A Criminal is extradited to requesting State because of the following reasons -

            (i) Extradition is founded on the broad principle that it is in the interest of the civilized communities that criminals should not to go unpunished and on that account it is recognized as a part of the comity of nations that one State should ordinarily afford to another state assistance towards bringing offenders to justice.
         
           (ii)  Extradition has a deterrent effect because extradition act as a warning to criminal that they cannot escape punishment by playing to another State


          (iii) Criminals are surrendered as to safeguard the interest of territorial State.

          (iv) Extradition is done because it is a step towards the achievement of international co-operation in solving international problems of a social character.

          (v)  Extradition is based on reciprocity.

          (vi)   The State on whose territory the crime has been committed is in better position to try the offender because evidence is more freely available in that State only


See also -

 
     Codification of International Law