Research On Conditional Extradition

Crimes involving multiple states, and the moving around of criminals amongcountries, make crime an international phenomena, rather than intra-nationalphenomena. As this trend gets more obvious, extradition, the oldest and most matureinternational judicial assistant system, has been widely applied and examined.Extradition is international cooperation and activities between different sovereignties,which have different value, judicial and legal systems. To promote its own valuesystem, the requested state, after being requested, usually add certain conditions forthe performance of the extradition, and this is “Conditional Extradition.” ConditionalExtradition means extradition, where the requested state asks the requesting state topromise to do or not to do certain things, and these promises are the conditions of theperformance of the extradition. As for now, most extraditions include conditions.Requested states rarely agree to perform extradition without any condition. Thisdissertation includes five chapters discussing different aspects of ConditionalExtradition.The first chapter is “Introduction to Basic Issues within International ConditionalExtradition”. This chapter discusses fundamental issues in this field, which constituteground of further discussion. This chapter starts with discussion about the definitionand characters of extradition, relationship between extradition and other judicialassistant methods, and the definition of Conditional Extradition. Then, it moves on tothe status of Conditional Extradition within modern extradition system, its function,the different types, formations and respective requirements of conditions. This chapterpoints out the theoretic basis of Conditional Extradition is the principle ofinternational cooperation and national interest. It’s basic value consists of policy,interest and value system of the requested state. Conditional Extradition is basically away for requested states to communicate their national policy, interest and value torequesting states.The second chapter is “the Execution of Conditional Extradition”. This chapter focuses on how to execute a Conditional Extradition. First of all, ConditionalExtradition must follow basic procedures of normal extradition, which includesrequest from the requesting state to the requested state, requested state’s review of therequest. After review, the requested state will refuse those requests that cannot bepermitted. If the requested state decides that the request can be permitted, and it addscondition to the performance of the extradition, this condition, then is the way toexpress its value. After receiving the condition, the requesting state can decide toaccept or not accept it, and the acceptance from the requesting state is the key elementof the execution of extradition. If the requesting state accepts the condition, then therequested state will review the acceptance, evaluate its validity, and make the finaldecision about whether to execute the extradition. Post-extradition performance of thecondition is also very important to the execution of the extradition, and this requiresthe supervising and watching of the requested state.The third chapter is “Substantial Condition”. This chapter discusses thedefinition and characters of substantial condition, analyses different types ofsubstantial condition, including prohibition of death sentence, restrictions onconviction, sentence, and execution conditions. This chapter talks about the origin,background, content and specific requirements of these conditions, and clarifies themethods of performing these conditions. The author’s opinion is that substantialcondition is a condition required by requested state, these conditions normally requirethe requesting state to do or not to do certain things with regard to the criminal’sconviction, sentence and execution. The satisfaction of substantial conditions isnecessary for the performance of extradition. The most common substantial conditionis the exclusion of death sentence, the acceptance of which must follow proceduresestablished by law. However, the monitoring of acceptance of such condition isrelatively straightforward, it can be done by observing the requesting state’s decisionabout the criminal.The fourth chapter is “Procedural Condition”. This chapter discusses about thedefinition and origin of procedural condition, and analyses different types ofprocedural condition, such as restriction on retrospective prosecution, retrial, judicial procedures. Procedural condition originates from requested state’s pursue ofprocedural justice. The extradition requires the requested state to performpre-extradition examination of the alleged crime. To protect the legitimacy of theexamination by requested state and the criminal’s rights, the requesting state mustsubject to restrictions on its relevant domestic judicial activities. With regard to theperformance and monitoring of the performance of procedural condition, requestedstates should be authorized to send their own officials to conduct on-site observation,instead of merely reviewing documents.The fifth chapter is “China’s Practice in Conditional Extradition and Comparisonof Chinese and US Extradition System”. This chapter analyses China’s specificpractice in Conditional Extradition, such as the current trend within extradition treatyand convention, where China is a party; China’s mode of practice in this field; theproblems that China is facing. Further, this chapter conducts thorough case study onthe problems that China is facing and the practice pattern that China is following. Thischapter also introduces the US extradition system. The author’s opinion is that USsystem has a high value for China. The US system is for flexible about condition ofextradition as well as acceptance of the condition required by the requested state.Based on this, the chapter analyses the extradition practice between China and the US,and opines that it is very important to set a pattern for it.In the current world, Conditional Extradition is a highly meaningful practice.Almost all extraditions have certain condition. Therefore, it is very important tothoroughly study the execution and acceptance of Conditional Extradition, analyze itsprocedure, and make legislative suggestions about how China should import andapply the whole system of Conditional Extradition, and then use this system to fightagainst international crimes and criminals, promote social justice and protect nationalinterests.