Red Notices and the Dual Criminality Requirement

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

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The main purpose of an INTERPOL Red Notice is for INTERPOL’s member countries to help each other find and extradite fugitives and bring them to justice.

So why do we sometimes see a wanted person living openly in another country, without being extradited to the country where she is wanted by the authorities?

  • A common requirement in extradition treaties is dual criminality requirement, meaning that the crime for which one country seeks the extradition of an individual must also be a crime in the country where the individual is currently located.
  • For example, in some countries, the crime of criminal association alone is enough for prosecution. In other countries, that crime must be prosecuted along with another crime in order to be valid.
  • Without dual criminality, extradition proceedings normally will not occur.
  • BUT, removal from another country can happen without extradition. In our next segment, I’ll talk about other methods of removal.

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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