NCJ Number
164030
Journal
International Review of Criminal Policy Issue: 45 and 46 Dated: (1995) Pages: 1-55
Date Published
1995
Length
55 pages
Annotation
This journal issue presents the articles of the United Nations Manual on the Model Treaty on Extradition and the Manual on the Model Treaty on Mutual Assistance in Criminal Matters, along with commentary (purpose, application, and implementation) on each article.
Abstract
The Model Treaty on Extradition provides a wider basis for extradition arrangements. Omitting the requirement to establish a prima facie case, it adopts the minimum penalty definition of extraditable offenses, in contrast to the list-of-offenses approach for establishing double criminality. Under the Model Treaty, a state that refuses to extradite one of its own citizens is expected to bring proceedings against that person at the request of the requesting state, or to enforce a sentence imposed by the latter state. The treaty also accommodates the need for temporary surrender for trial of a person in the requesting state to continue existing procedures there or to serve any existing sentence. The Model Treaty on Mutual Assistance in Criminal Matters was formulated to help member states to cope more effectively with criminal cases that have transnational implications. Special consideration is given to the following issues: scope of application; refusal of assistance; content and execution of a request; protection of confidentiality; obtaining evidence; availability of persons in custody and other persons to give evidence or assist in investigation; safe conduct; provision of documents; and search and seizure. For abstracts on each manual, see NCJ-164031-32