NCJ Number
154297
Journal
European Journal of Crime, Criminal Law and Criminal Justice Volume: 2 Issue: 4 Dated: (1994) Pages: 379-405
Date Published
1994
Length
27 pages
Annotation
This article concerns the applicability, scope, and enforcement of human rights guarantees embodied in national and international law, particularly the German perspective on the subject.
Abstract
The issue of human rights guarantees embodied in national and international law involves: (1) the legal position of the person who is the object of a judicial assistance measure; (2) the person to be extradited to or from a foreign country; (3) the sentenced person to be transferred as part of execution assistance; and (4) any other person affected, including third parties, as with search and seizure. The article includes: (1) a summary of the plurality and hierarchy of the sources of law, both multilateral and bilateral treaties and international agreements; (2) rules of international and domestic law; (3) sections on political offenses and persecution, extradition obstacles, concurrent jurisdiction and double prosecution, and amnesty; (4) general limitations on judicial assistance; (5) admissibility and granting procedure; (6) judicial review; (7) granting extradition and its enforcement; (8) other forms of judicial assistance to foreign countries; and (9) effects of foreign judgments in Germany and of national judgments abroad. Footnotes, table