![]() Depending on the country involved, both the judicial ruling and the executive decision to surrender the wanted person may be subject to multiple levels of appeal. If so, the executive authority may issue a surrender order. If the judicial authority rules that the person may be extradited, the case enters the executive phase, in which an executive authority of the government of the requested country, usually a Prime Minister, Minister of Justice or Minister of Foreign Affairs (for the United States, the appropriate executive authority is the Secretary of State), will determine whether the requested country will surrender the wanted person in extradition. ![]() If so, the judicial authority will rule on whether the person may be extradited. During the judicial phase, a court will determine whether the extradition request meets the requirements of the applicable extradition treaty and the law of the requested country. After a person has been located and arrested in the requested country, the case enters the judicial phase. ![]() Typically, extradition is comprised of a judicial and an executive phase. In the United States, international extradition is treaty based, meaning that the United States must have an extradition treaty with the requesting country in order to consider the request for extradition.Įxtradition practice varies greatly, depending on the country involved. International extradition is a legal process by which one country (the requesting country) may seek from another country (the requested country) the surrender of a person who is wanted for prosecution, or to serve a sentence following conviction, for a criminal offense.
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