Protection in the event of extradition
Extradition is the surrender of a person suspected or accused of committing a crime or a convicted criminal by one state at the request of another person.
Having a profound unique experience in resolving disputes on extradition of Russian citizens at the request of foreign law enforcement agencies, FjM attorneys have extensively contributed to their successful resolution.
FjM attorneys have a sophisticated protection strategy and tactics, deep knowledge of international law and professional interaction with legal advisors of different jurisdictions.
The European Convention on Extradition opened for signature in 1957 and duly signed by the Russian Federation does not allow the extradition of persons accused of political crimes.
Basic principles of extradition:
1. Specificity - a person extradited by a foreign state may not be detained, charged, convicted without the consent of the issuing state or transferred to a third state for a criminal offence not specified in the extradition request
2. Reciprocity principle-the Russian Federation may extradite a foreign citizen or stateless person in the territory of the Russian Federation to a foreign state for criminal prosecution or execution of a sentence for acts that are criminally punishable under the Criminal Law of the Russian Federation and the laws of the foreign state that made the request for extradition of a person.
3. The decision to extradite a foreign citizen in the territory of Russia, accused of committing a crime or convicted by a court of a foreign state, shall be made by the General Prosecutor of the Russian Federation or his Deputy.
4. The decision on extradition shall enter into force 10 days after notification of the person against whom it is made.
5. The decision on extradition may be appealed.
Extradition is not allowed in the following cases:
1. If a person, in respect of whom the request of a foreign state for extradition has been received, is a citizen of the Russian Federation
2. If a person, in respect of whom the extradition request has been received, is granted an asylum in the Russian Federation in connection with the possibility of persecution in this state on the basis of race, religion, nationality, membership in a particular social group or political opinions
3. If in respect to the person specified in the request the sentence entered into legal force for the same act was pronounced or the proceedings in the criminal case were terminated in the territory of the Russian Federation
4. If according to the Russian legislation a criminal case cannot be initiated or a sentence cannot be enforced due to the expiration of the limitation period or on a different legal basis
5. If there is a legally effective decision of the court of the Russian Federation on the presence of obstacles to the extradition of the person
6. If the act, which served as the basis for the extradition request by a foreign state, is not considered to be a crime in accordance with the criminal legislation of the Russian Federation,
How can we help you?
The international team of FjM attorneys protect Russian citizens on extradition charges brought by foreign states, appeal against detention judgements, file motions to dismiss, including those made on grounds of improperly biased decisions of investigation or intense political nature of decisions, appeal against decisions of law enforcement authorities of a foreign state, appeal against judgements at all stages of the criminal proceedings, particularly in the European Court of Human Rights.