Transfer Of Criminal Proceedings As A Result Of Refusal Of Extradition, Main Issues Under The Legislation Of The RA

Abstract

The article will touch upon the problems related to the practical application of the well-known principle Aut dedere aut judicare “Extradite or Prosecute”. In the light of principle as a logical consequence of the refusal of extradition, the author discusses cases when the state, whose request was rejected, does not request for criminal prosecution through the transfer of proceedings. The article analyzes the possible negative consequences of criminal prosecution in such situations and proposes actual solutions. At the same time, the challenges in the transfer of proceedings for the competent authorities of a foreign states have been reviewed and analyzed in the article, the reasons of these problems are clearly identified, and in the outcome the author presents problem-solving proposals suggesting relevant legislative changes.