Red Notices and INTERPOL- can Red Notices be issued for non-criminal cases?

Estlund Law, P.A.
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Estlund Law, P.A.

[author: Lisa Ould Aklouche*]

A reader recently posed the following question:

“Is it a prerequisite for a Red notice that the notice pertains to a criminal offense in the issuing country?”

The simple answer is yes.

What is more,  in general, Red Notices may be published only if the offense concerned is a serious ordinary-law crime.

In addition, if the person is sought for prosecution, the conduct constituting the offense must generally be punishable by at least two years of imprisonment or a more serious penalty. If the person is sought to serve a sentence that has already been imposed, he or she must be sentenced to at least six months of imprisonment and/or there is at least six months of the sentence remaining to be served.

The only exception to these conditions is if the General Secretariat decides to publish a requested Red notice because it considers that it would be of particular importance to international police cooperation.

As always, questions and comments are welcomed.

*Ms. Ould-Aklouche holds a master’s degree in French law. She can be reached at lisa.ould.aklouche@gmail.com.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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