Legal Regulation of Extradition of Persons for Criminal Prosecution or Execution of a Sentence in the BRICS Member States and Candidate States
https://doi.org/10.21684/2412-2343-2024-11-4-81-107
Abstract
This article analyzes the legal regulation of the extradition of persons for criminal prosecution or execution of a sentence in the BRICS states. The legal and technical features of the national legal regulations governing extradition in Brazil, India, China and South Africa are analyzed. It is noted that each of these nations (with the exception of Russia) has adopted a special law on extradition, which regulates in detail all procedural aspects of international cooperation in the field of the extradition of criminals. In addition, the legal regulation of the extradition of persons for criminal prosecution or execution of a sentence in the BRICS candidate states is also analyzed. In particular, this study provides both a general description of the countries’ legislation (the different legal systems) and an assessment of the national legal regulations governing extradition in each of the BRICS countries, including such countries as Iran, Argentina, Algeria, Bahrain and the UAE. The mechanisms of interstate and interdepartmental cooperation are deeply described. Furthermore, the prospects of international legal integration of the BRICS states in the field of extradition are assessed, taking into account the possible entry of the candidate states into the BRICS group. Following an analysis of the national legislation of both the BRICS member states and the BRICS candidate states, the idea of creating and adopting a “BRICS Convention on Extradition” is proposed.
About the Author
V. Karpovich
MGIMO University
Russian Federation
Russian Federation
Vitalii Karpovich (Moscow, Russian Federation) – Chief Specialist-Expert, Legal Department, Federal Financial Monitoring Service (Rosfinmonitoring); Postgraduate Student, Department of Criminal Law, Criminal Procedure and Criminalistics
39, Bldg. 1 Miasnitskaia St., Moscow, 107450, Russian Federation
References
1. Astakhov, E. (2016). The Place of BRICS in World Politics. Herald of MGIMO University, 1(46), 42–50. (In Russian).
2. Goel, S. (2016). Extradition Law: Indian Perspective. SSRN. https://doi.org/10.2139/ssrn.2712453
3. Golovko, L. (2017). Course of Criminal Procedure (2 nd ed.). Statut. (In Russian).
4. Goncharenko, A. (2015). Conditions of Extradition. Society and Law, 2(52), 146–149. (In Russian).
5. Grinenko, A. (2023). Criminal Procedure: Textbook and Practicum for Universities. Iurait. (In Russian).
6. Huang, F. (2006). The Establishment and Characteristics of China’s Extradition System. Frontiers of Law in China, 1(4), 595–615. https://doi.org/10.1007/s11463-006-0028-z
7. Klevtsov, K. (2022). Discussion on the Place of International Cooperation in the Field of Criminal Justice in the Legal System. International Criminal Law and International Justice, 2, 6–8. (In Russian). https://doi.org/10.18572/2071-1190-2022-2-6-8
8. Markuntsov, S. (2018). Characteristics of Changes in the Criminal Legislation of Russia and China. BRICS Law Journal, 5(4), 90–113. https://doi.org/10.21684/2412-2343-2018-5-4-90-113
9. Nanda, V. P. (1999). Bases for Refusing International Extradition Requests – Capital Punishment and Torture. Fordham International Law Journal, 23(5), 1369–1396.
10. Reshetneva, T. (2010). To the Issue of the Definition of the Concept of “Extradition” and its Legal Clearance in the Legislation of the Russian Federation. Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia, 3(7), 151–154. (In Russian).
11. Shestak, V., & Karpovich, V. (2022). Institute of Extradition of Persons for Criminal Prosecution: Experience of the Republic of India. International Criminal Law and International Justice, 3, 18–22. (In Russian). https://doi.org/10.18572/2071-1190-2022-3-18-22
12. Shestak, V., & Karpovich, V. (2022). Modern Features of Cooperation Between the Russian Federation and the Islamic Emirate of Afghanistan in the Fight Against Crime. Bulletin of Moscow University of the Ministry of Internal Affairs of Russia, 3, 318–325. (In Russian). https://doi.org/10.24412/2073-0454-2022-3-318-325
13. Souza, A. (2019). Extradition in South America: The Case of Brazil. ERA Forum, 19, 313–337. https://doi.org/10.1007/s12027-018-0536-1
14. Van Zyl Smit, D. (1995). Reentering the International Community; South Africa and Extradition. Criminal Law Forum, 6, 369–377. https://doi.org/10.1007/BF01097774
15. Veniaminov, A. (2016). Issues of Extradition. Pravovedenie, 2, 28. (In Russian).
16. Volevodz, A. (2011). International Law Enforcement Organizations. Prospekt. (In Russian).
17. Volevodz, A. (2021). International Cooperation Between Russia and the United States in Extradition of Persons for the Purposes of Prosecution: Challenges and Opportunities. Law. Journal of the Higher School of Economics, 13(4), 230–258. https://doi.org/10.17323/2072-8166.2021.4.230.258
18. Volzhenkina, V. (2009). Extradition in the Russian Criminal Process. Iurlitinform. (In Russian).
19. Watney, M. (2012). A South African Perspective on Mutual Legal Assistance and Extradition in a Globalized World. Potchefstroomse Elektroniese Regsblad, 15(2), 292–318. http://dx.doi.org/10.4314/pelj.v15i2.11
Review
For citations:
Karpovich V. Legal Regulation of Extradition of Persons for Criminal Prosecution or Execution of a Sentence in the BRICS Member States and Candidate States. BRICS Law Journal. 2024;11(4):81-107. https://doi.org/10.21684/2412-2343-2024-11-4-81-107
Views:
510
Email this article 