Best Lawyers in Crime: Who May be Extradited?

Reputable law firm in Vietnam in Crime is always available to support in any civil and criminal lawsuits relating to the extradition at treaty advice hotline 1900.599.979.

Reputable law firm in Vietnam in Crime is always available to support in any civil and criminal lawsuits relating to the extradition at treaty advice hotline 1900.599.979.

I. What is Extradition?

Under the Law on Legal Assistance 2007:

“Extradition means the hand-over by one country to another country of a person who has committed a criminal act or been criminally sentenced and is being present in its territory so that the extradition-requesting country conducts the penal liability examination or judgment enforcement against such person.”

Vietnams competent proceedings-conducting bodies may:

- Request competent bodies of foreign countries to extradite to Vietnam persons who have committed criminal acts or been criminally sentenced and their sentences have already taken legal effect for penal liability examination or judgment enforcement;

- Extradite foreigners staying in the Vietnamese territory who have committed criminal acts or been criminally sentenced and their sentences have already taken legal effect to requesting countries for penal liability examination or judgment enforcement.

II. Cases of extradition

1. Persons who may be extradited under the provisions of this Law are those who commit criminal acts for which the Penal Code of Vietnam or the criminal law of the requesting country prescribes penalties of one or more years in prison, life imprisonment or death penalty or who have been sentenced to imprisonment by a court of the requesting country and the remaining imprisonment duration is at least six months.

2. Criminal acts of the persons defined in Point II.1 must not necessarily be in the same category of crimes or the same crime, and the factors that constitute their offenses must not necessarily be the same under the laws of Vietnam and the requesting countries.

3. If criminal acts of the persons defined in Point II.1 took place outside the territory of the requesting countries, the extradition of offenders may be effected if those acts are criminal acts prescribed in Vietnams Penal Code.

III. Non-examination of penal liability, non-extradition to a third country

Persons extradited to Vietnam will not be examined for penal liability or extradited to a third country for the acts they have committed in foreign countries before their extradition to Vietnam which, however, do not constitute crimes under Vietnam's Penal Code and are not stated in the extradition requests of Vietnam or a third country.

In case Vietnam is requested to make extradition, the extradition is effected only when the extradition-requesting countries commit not to examine the penal liability of the extradited persons for criminal acts other than those stated in the extradition requests and not to extradite such persons to a third country, unless it is so agreed in writing by Vietnam.

Having extensive experience years in criminal lawsuits in Vietnam, Dragon Law Firm is proud of a team of best lawyers in crime to provide the quality legal advice service in criminal and civil cases for all local and foreign individuals and organisations.

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