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He process of extradition It is one of the most technical and complex that exists in the judicial system, therefore it requires an expert lawyer in the area. This is due to the fact that there are specific procedural rules for this type of process that may concur with other exclusive ones for each bilateral treaty.
He best lawyer to face extradition proceedings is one who has knowledge of the laws and procedures of the country involved. This professional cannot be limited only to Spanish rules and regulations.
What is an extradition process?
Extradition is the process of delivery of a person that one country does to another, which is done to serve a sentence or to be judged. People who are subjected to an extradition process necessarily need a lawyer specializing in this type of process.
There are different types of extraditions Therefore, the lawyer must be able to implement the appropriate strategies for the type of extradition. The most frequent types are:
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active extradition
This type of extradition occurs when a country request delivery of a person who is in another State.
passive extradition
Extradition of this type occurs when a country delivers a person to another country without a claim.
transit extradition
In this type of extradition, the third country intervention to authorize the passage of the extradited so that he can reach the country of destination
The person subjected to the extradition process has the right to apply for asylum in the country where you are. But this is only possible when the international deals they ratify it and cannot have committed serious crimes.
What are the functions of the extradition lawyer?
He best lawyer to face an extradition process is the one who is present and accompanies the claimant throughout the procedure. To avoid extradition, the speed and efficiency of the legal professional is necessary.
The functions of the lawyer specializing in extraditions are the following:
Represents, assists and advises the defendant at the police headquarters from the moment the arrest is made. It also assists and accompanies you during the legal proceedings.
Counseling and assistance is offered to the affected person and their families.
Gather all the information related to the life of the claimed person.
Request a preliminary hearing to request provisional.
It is in charge of carrying out all the necessary procedures in the corresponding courts and in the penitentiary center.
It presents different less serious options and conducts negotiations to avoid extradition.
Provide personalized attention, commit to the client and show interest in solving the problem efficiently.
The collection of fees must be appropriate to the tasks to be performed.
When is an extradition lawyer needed?
When Spain receives the extradition request and complies with all the requirements established in the laws, the person claimed is arrested. This person is made available to the Central Court of Instruction to be on guard.
It is from that moment that the detained person has the right to be assisted by a lawyer. To choose the best one, it is recommended that he be a specialist in extraditions, knowledgeable of all the legal regulations and have many years of experience.
The defendant must appear before the judge with his lawyer and state whether or not he agrees to the extradition. If you object, you can present the documentation that proves your decision.
After receiving the documentation, the judge will have a maximum period of 30 days to decide whether or not to release the detainee. When he decides that he should go to prison, the knowledge of the cause rises to the National audience. In the event that this occurs, the lawyer can file an appeal for reform.
When the process is known by the Criminal Chamber of the National Court, the defendant is summoned to a hearing. For this process, the lawyer must present the evidence that is related to the extradition. These must meet the conditions required by the international deals And the law.
Within a maximum period of three days, the cause is resolved by means of an order, for which an appeal can be filed. appeal resource. Which must be done by a lawyer specializing in extraditions.
Resolution of extradition
When the entire process is completed and the decision of the National Court is to proceed with the extradition, the procedure goes to a government stage. This is because it is the Government that is in charge of making the final decision on the delivery of the claimed person.
In the event that the resolution of the National audience that the extradition does not proceed, the detainee is released and the case is terminated. This is communicated to the Ministry of Justice so that it is in charge of notifying the Ministry of Foreign Affairs, which will notify the State that requested the extradition.
To carry out this entire process, the knowledge and experience of a lawyer specializing in extraditions is required.
Why is it necessary to have a lawyer in an extradition process?
Facing extradition proceedings It is a complicated situation that physically and psychologically affects the defendant and his environment. For this reason, you need the assistance of a professional who will provide you with the best solutions and help you in the process.
He judicial process for extradition is a little different from what is followed in other types of cases. For this reason, it is very important to count on the advice, assistance, knowledge and experience of lawyers specialized in extraditions from the outset.
This professional must know very well the procedure and the treaty that applies in each particular case. When you have the best specialist in extraditions, you can achieve favorable results for the defendant. The experience and knowledge of this professional can ensure that the process ends as soon as possible and with satisfactory results.
