Limits on ensuring the right to protection of the person requested for extradition
Автор: Malysheva Olga Anatolyevna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 6 (43), 2019 года.
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Purpose: To study the sufficiency of criminal procedural means to protect the requested person from illegal and unjustified extradition for criminal prosecution or execution of the sentence, infringement of his fundamental rights and freedoms. Methodology: Comparative-legal, formal-logical methods, as well as the method of expert assessments, analysis, synthesis were used. Results: The article reveals the purpose of applying the institution of extradition of a person - not only to ensure the inevitability of criminal responsibility and punishment, but also to protect the individual from illegal and unjustified restrictions on its basic rights. It is shown that the absence of legislative regulation of guarantees of compliance by the requesting state with the conditions of extradition, the criminal procedural status of a lawyer participating in extradition proceedings, cases of providing free legal assistance to the requested person, the repressive practice of applying preventive measures against the requested persons limit the exercise of the right to protection by the requested person, which is not consistent with international standards in the field under consideration...
Requested person, extradition, criminal prosecution, extra-traditional verification
Короткий адрес: https://sciup.org/140249655
IDR: 140249655