- Journal Issues
- № 1 2015 Problems of pre-trial investigation
- Problems of criminal procedure
- Issuance of the person (extradition) in criminal proceedings concerning crimes of international character
Issuance of the person (extradition) in criminal proceedings concerning crimes of international character
Review
Conducting issuing entity (extradition) in criminal proceedings concerning crimes of international character is made in compliance with international treaties and national laws of the State but also has features as crimes of international character traditionally regarded as «extradition». By virtue of article examines some aspects of the issuance of the person (extradition) under the given conditions. Ascertained positive changes in the new legislation regarding extradition Institute and associated with the rights and freedoms of a person against whom a decision is taken (art. 581 CPC of Ukraine), the decision on extradition arrest by the court (art. 584 CPC of Ukraine), etc. Special attention in the criminal proceedings concerning crimes of international nature paid to temporary surrender of the person (art. 579 CPC of Ukraine), is its comparative analysis with the issuance of the person (extradition). Summarized that the issuance of the person (extradition) during criminal proceedings concerning crimes of international character involves not only the fact of the issue, but also a set of proceedings and organizational measures designed to prevent a person attempts to evade the pre-trial investigation, continue to engage in criminal activity, preservation sources of evidence-based information, verification of circumstances that would prevent the issue, the rights and freedoms of the person to be extradited and others. Now delineated activity requires complex maintenance, including forensic.
Keywords: issuing entity (extradition), crimes of an international character, criminal proceedings, international treaties of Ukraine.