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How extradition applies to corruption offences

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Photo: Courthouse Square as seen from Court Street Bridge, Owego, New York - 20220206 by Andre Carrotflower (CC BY-SA 4.0), via Openverse

Extradition allows one country to formally request that another surrender a person accused or convicted of a corruption offence, so they can face prosecution or serve a sentence in the country where the alleged conduct actually occurred. The process depends heavily on treaty arrangements and the domestic law of both countries involved.

Extradition requests can be refused for various reasons, including where the requesting country cannot demonstrate sufficient evidence, where the offence is not recognised as a crime in the country receiving the request, or where genuine concerns exist about whether the person would receive a fair trial once actually returned.

Corruption cases can be particularly difficult in this respect, since a politically connected individual may successfully argue that a request is politically motivated rather than genuinely based on the underlying conduct, complicating what might otherwise be a comparatively straightforward legal process between two cooperating countries, since small gaps rarely stay small once they are left unattended.

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