Duhaime's Law Dictionary


Extradition Definition:

The arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the terms of a extradition treaty.

Related Terms: Dual Criminality, Doctrine of Specialty, Extradition Crime, Fugitive, Deportation, Denaturalization

Wallace and Hollidy define extradition as follows:

"... an alleged offender found in the territory of a state other than the state seeking to exercise jurisdiction, is handed over by the former to the latter."

In Fong Yue, the United States Supreme Court defined the term as follows:

"Extradition is the surrender to another country of one accused of an offence against its laws, there to be tried, and, if found guilty, punished."

In R v Bow Street, Justice Browne-Wilkinson wrote:

"In general, a state only exercises criminal jurisdiction over offences which occur within its geographical boundaries. If a person who is alleged to have committed a crime in Spain is found in the United Kingdom, Spain can apply to the United Kingdom to extradite him to Spain."

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