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The law is reason, free from passion.
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Legal Definitions - double criminality
The law is reason, free from passion.
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Definition of double criminality
Definition: Double criminality is a requirement for extradition in international law. It means that a crime must be punishable in both the country where a suspect is being held and the country requesting the suspect to be handed over to stand trial.
Example: Let's say a person is accused of committing a crime in Country A and flees to Country B. Country A requests that the person be extradited to stand trial for the crime. However, if the crime is not considered illegal in Country B, then the person cannot be extradited due to the lack of double criminality.
Another example could be a person accused of drug trafficking in Country A, but drug trafficking is not considered a crime in Country B. In this case, the person cannot be extradited to Country A to stand trial for drug trafficking.
These examples illustrate how double criminality is a crucial requirement for extradition. It ensures that a person cannot be extradited for a crime that is not considered illegal in the country where they are currently located.
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Simple Definition
Double criminality is a rule in international law that says a person can only be extradited (sent to another country to stand trial) if the crime they are accused of is a crime in both the country where they are being held and the country that wants them to stand trial. This means that the crime must be illegal in both countries for the person to be extradited.
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