TYPES OF EXTRADITION
In Bolivia, two main types of extradition are recognized:
ACTIVE EXTRADITION
This occurs when Bolivia requests the surrender of an individual located in another country. The request must meet specific requirements, such as dual criminality, which means the offense for which extradition is requested must be punishable in both countries.
PASSIVE EXTRADITION
This refers to the process by which Bolivia receives a request from another country to surrender an individual. Such a request must comply with the provisions set forth in the applicable extradition treaty or, in its absence, the rules established by the Bolivian Code of Criminal Procedure.
CONCEPT AND LEGAL BASIS OF EXTRADITION
Extradition is based on the principles of reciprocity and mutual trust between States. It is governed by international treaties and national laws that define the types of crimes for which extradition can be requested and granted, as well as the conditions and guarantees that must be met.
Extradition is a judicial process in which one State requests another to surrender a person accused or convicted of crimes committed within the requesting State’s jurisdiction. In Bolivia, extradition is primarily governed by international treaties, the Code of Criminal Procedure, and, when no treaty exists, by the principle of reciprocity.
REQUIREMENTS FOR EXTRADITION
The requirements for submitting an extradition request include:
- Dual Criminality: The offense must be recognized as a crime in both countries involved.
- Complete Documentation: The request must be accompanied by official documents such as the judicial indictment and arrest warrant.
- Procedural Guarantees: It must be guaranteed that the individual will receive a fair trial and that their fundamental rights will be protected.
EXCEPTIONS AND OBSTACLES TO EXTRADITION
Several circumstances may prevent extradition, including:
- Political Offenses: Many extradition treaties exclude crimes of a political nature, thereby protecting individuals persecuted for their political beliefs.
- Death Penalty: If the requesting State applies the death penalty and the requested State does not recognize it, extradition may be denied or conditioned upon assurances that the death penalty will not be imposed.
- Risk of Torture or Ill-treatment: If there is a significant risk that the extradited individual may be subjected to torture or inhuman treatment, the extradition request may be denied.
CONCLUSION
Extradition in Bolivia is a complex process involving multiple stages and strict compliance with legal requirements. It ensures that individuals subject to extradition face justice in the country where the alleged crimes were committed, always within the framework of international legality and with full respect for fundamental rights.
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Frequently Asked Questions (FAQs)
What is extradition and when is it applied?
Extradition is a legal process by which one country surrenders an individual to another for prosecution or to serve a sentence. It is applied when a person is accused or convicted of a crime in the requesting country.
What are the main requirements for an extradition request?
The key requirements include dual criminality, complete documentation (such as judicial orders), and guarantees of due process and human rights protection.
Can Bolivia deny an extradition request?
Yes. Extradition may be denied under certain conditions, such as political offenses, risk of torture, or if the requesting country applies the death penalty without guaranteeing it will not be used.
What is the difference between active and passive extradition?
Active extradition refers to Bolivia requesting the surrender of a person from another country. Passive extradition occurs when Bolivia receives such a request from a foreign State.
Are there treaties that regulate extradition in Bolivia?
Yes. Bolivia relies on bilateral or multilateral treaties to regulate extradition. In the absence of such treaties, the principle of reciprocity and the Bolivian Code of Criminal Procedure apply.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
