Unfortunately, such situations when a relative or close person is in custody in another state are not uncommon. Very often, those convicted in another country are sentenced to serve their sentences in foreign prisons.
However, international laws and in particular Ukrainian laws state that a person must be transferred to the country of which he is a citizen for further criminal proceedings.
To date, there are some important aspects and signs according to which the extradition requirements differ in some violations or relate to political troubles. This is why there are often situations when a country is refused to transfer a citizen. In the modern world, there are quite a few lawyers who specialize in extradition issues and can be 100% competent in solving such problems. Besides, there are some difficulties: frozen bank accounts, living in a foreign environment and not knowing the language of this country, lack of necessary documents, threats to relatives who remain in their native country, and much more.
Therefore, if there is the slightest threat to your rights and interests, we recommend that you seek help from a specialized lawyer. Kasyanenko & Partners Law Company’s experts will advise each client, answer all questions and tell you about all possible risks. Even if your relative or friend is already in prison in another country, you can correct this situation until a decision on extradition has been made.
Taking into account the current legislation of Ukraine, a person who is supposed to be considered for extradition to a foreign state has the right to a lawyer and to meet with him in circumstances that guarantee the confidentiality of communication, as well as to have a lawyer present during interrogations.
Extradition of a person to another state cannot be carried out if (Article 589 of the code of criminal PROCEDURE):
- the person is a citizen of Ukraine at the time of receipt of the request for extradition;
- Ukrainian legislation does not provide for imprisonment for a crime that was the basis for the request;
- the time frame within which a person could be brought to criminal responsibility has already passed following the legislation of Ukraine;
- the authorized body of another country did not provide the Ukrainian side with materials for consideration, without which it is impossible decide on the extradition of a person to another state;
- extradition violates our country’s existing obligations under international treaties and agreements;
- there are other reasons stipulated by international contractual relations of Ukraine.
- The participation of a lawyer in extradition matters is not only logical, but also practical. After all, such issues require excellent knowledge of both Ukrainian and international legislation.