International Cooperation In Criminal Matters Research Articles

Policy Brief 12: De-risking of Russian clients: best intentions, unintended consequences

After the Russian invasion of Ukraine and the wide-reaching sanctions which ensued, many Western financial institutions began to de-risk Russian clients. Dealing with Russian clients, in many cases, has become expensive from a compliance point of view and toxic from the reputational side.
 However, the de-risking of unsanctioned Russian individuals may have a significant impact on the fight against financial crime by potentially causing:
 
 an increase in the use of shadow/unregulated channels of moving money;
 a withdrawal of funds away from the European zone to sanctioned countries or non-cooperative jurisdictions;
 severe burdens on the investigation of financial crimes (especially in relation to Russian assets and investments) and on international cooperation in criminal matters;
 increased opportunities for enablers, such as unscrupulous lawyers and accountants, to take advantage of the situation.
 
 This Policy Brief outlines the current situation and suggests how to better manage risk without having a negative impact on the fight against financial crime.

Issuance of the European investigation order at the stage of a preparatory proceeding for the purpose of obtaining information constituting bank secrecy

Abstract The article discusses matters related to the issuance of the European Investigation Order (EIO) during the stage of a preparatory proceeding, the objective of which is to obtain information protected by banking secrecy from a foreign bank. Attention is drawn to the essence of this instrument of international cooperation in criminal matters and its comprehensive nature. A key problem revealed in prosecutorial and judicial practice consists of determining the entity competent to issue the European Investigation Order in the in rem phase of the preparatory proceedings. This issue also necessitates determining whether, in such a procedural situation, it is necessary to obtain the consent of the district court to access information subject to bank secrecy and whether this affects the scope of competence of the court or the prosecutor. An examination of case law and the accompanying opinions of the doctrine presented in the article reveals a non-uniform, even mutually exclusive, approach to this issue. A critical look at the presented range of views enables a clear stance on the aforementioned issues and the formulation of a de lege ferenda proposal.

A rendészettudomány művelésének és fejlesztésének nemzetközi lehetőségei

Aim: This paper, as a kind of simplified follow-up to an earlier study on international law enforcement research cooperation published in the first issue of Belügyi Szemle in 2011, attempts to take stock of the most important institutions that can be identified today for the support of research on law enforcement, albeit only in an exemplary manner.Methodology: Based partly on personal experience, the study describes and illustrates the institutional options available for improving law enforcement. It recalls a working group meeting convened by INTERPOL in 2010 and the main findings of the study that was carried out on that occasion.Findings: In particular, INTERPOL can be a useful catalyst for the coordination of police research and the practical application of scientific results in the fields of criminal law enforcement, criminology and international cooperation in criminal matters. Other voluntary institutions (e.g. AEPC) could provide a regular forum for sharing the results of research in police academics across continental boundaries.Value: The value of the study is to draw attention to the institutions that can be major catalysts for the cultivation and development of police science.

International Legal Cooperation in the Field Of Criminal Justice: New Challenges and Ways to Overcome Them

Purpose: Nowadays, international legal cooperation in criminal justice is one of the most important components of each country's legal system. Due to the growing number of international crimes, such as terrorism, cybercrime, cross-border crime and others that have become transnational, the need for effective international cooperation is becoming increasingly important. This article provides a comprehensive overview of the principles, forms and instruments of international cooperation in criminal matters. Method: The article uses general and special scientific methods. Results: The article emphasizes the importance of trust, mutual responsibility and cooperation, mutual legal assistance and protection of human rights as key principles of international cooperation. The article also considers various instruments of international cooperation, such as Interpol, Europol, the Hague Conference on Private International Law and others. Conclusions: The article argues that these instruments play a crucial role in facilitating cross-border cooperation and improving the effectiveness of criminal justice systems around the world. The article is a valuable contribution to understanding the importance of international cooperation in criminal justice and its impact on national legal systems. The article provides a clear explanation of the concepts and principles of international cooperation in criminal justice, its current problems, challenges, work currently underway to overcome them, and future plans to improve international cooperation in the field of criminal justice.

Unblurring the Fuzzy Line Between Specialty and Data Protection in EU Mutual Legal Assistance After the European Investigation Order

The purpose limitation principle takes a central place in data privacy law. The specialty principle plays a key role in international cooperation in criminal matters, including in the context of mutual legal assistance (MLA), which is aimed at the cross-border collection and use of information and evidence. Since the specialty principle also frames use limitations for information or evidence obtained through MLA and must therefore be considered a traditional MLA correlative of the purpose limitation principle in data privacy law, both concepts are clearly intertwined. However, since the entry into force of the European Investigation Order, and the EU Data Protection Directive 2016/680 for Police and Criminal Justice, it has become unclear how both principles interplay, and what that implies for the rights position of the data subject or person concerned. This paper unblurs the fuzzy line between specialty and data protection in the current EU MLA context. Based on historical and conceptual analysis, the paper unravels whether the new data protection provisions of the European Investigation Order and Directive 2,016,680 have speciality features and, if so, to which extent they effectively serve a specialty function. This paper does not only demonstrate that both principles do not fully equate with one another, but features an analysis of how they differ, both conceptually and functionally. It argues and concludes that only a fuller, generic specialty rule and data ownership principle have the potential to promote free movement of information and evidence, whilst equally enhancing the procedural rights position of persons concerned.

The Challenges of Addressing Transnational Organized Maritime Crimes: A Review of Current Law and Practice in Djibouti

The threat of transnational maritime crimes has grown significantly in the past few years, particularly in the Gulf of Aden, due to the ongoing armed conflicts in the Middle East and Africa combined with the concomitant deteriorated diplomatic relations between states in the region. This background context has enabled organized groups to commit their crimes largely with impunity, benefiting from poor international cooperation between states in criminal matters. This article sets out the international legal framework on transnational maritime crimes and the internationally recognized definitions of major maritime crimes. It then takes the Republic of Djibouti as a case example of how the international legal framework has been incorporated into domestic legislation and assesses its enforcement in practice. The article identifies an underlying lack of international cooperation in criminal matters in respect of prosecuting transnational maritime crimes, particularly with regard to mutual legal assistance and extradition not only in respect of Djibouti but also in the Gulf of Aden as a whole. Based also on evidence gathered by one of the authors during a United Nations Office of Drugs and Crime’s workshop that took place in the Djibouti Regional Maritime Training Centre in November 2022, the article concludes that, in order to protect the peace and security of the region and implement the UN 2030 Agenda for Sustainable Development, states must enhance cooperation by entering into further bilateral as well as plurilateral agreements on cooperation in criminal matters. More importantly, in order to enhance mutual understanding, trust and the sharing of good practices, it is recommended that a judicial cooperation network in the Gulf of Aden and the Red Sea under the auspices of the United Nations Office of Drugs and Crime Global Maritime Crime Programme be established.

International cooperation in criminal matters as a strategic commitment in the control of organized crime and terrorism

The international dimension characterizes contemporary forms of organized crime (OC) and terrorism. in contrast, in most countries? current criminal justice systems, the principle of sovereignty, based on the exclusive competence of the national state in combating crime, is still dominant in the current criminal justice systems, both on a normative and practical basis level. This contradiction significantly impacts the effectiveness of controlling the mentioned forms of crime. As a solution, the development of existing and normative regulation and practical application of new forms of international criminal law cooperation (ICC) is imposed, which is highlighted as one of the dominant goals in a series of international strategic documents related to the suppression and prevention of modern forms of crime. This especially applies to the strategic documents of the European Union (EU), within which forms of the ICC based on modern principles, such as the principle of ?mutual recognition of court decisions,? have been developed. Therefore, implementing the mentioned forms of the ICC in the criminal legislation of Serbia should be one of the strategic goals of our country joining the EU. As part of this paper, an analysis of the content of relevant EU strategic documents will be carried out, in which the ICC in the control of OC and terrorism is highlighted as one of the strategic goals, and then the corresponding content of domestic strategies, which refer to the same matter, intending to define a proposal for revision valid and introduce relevant contents, related to the ICC, into future domestic strategic documents.

Normative rules for the obligations of international cooperation in criminal matters to combat terrorism

International cooperation in its criminal dimension in combating terrorism is launched to achieve a vital goal, which is to prevent "Avoiding from Punishment” and not providing a safe haven for terrorists in which to be safe from criminal prosecution for terrorist acts committed. Those involved it which constitute a violation of human values and international peace and security, and for the sake of which all parties have been strengthened the concerned countries. In this regards, the United Nations and regional organizations will make their efforts to confront these transnational crimes where its gravity transcends barriers of sovereignty and the sole interest of the victim state or individuals to the common interest for the international community as a whole, its stability and its basic values. These international efforts have manifested themselves in the outright criminalization of terrorist acts in international conventions, which formed standard rules for the conduct of states in their subsequent fight against terrorism at various global, regional and sub-regional levels, supported by the position of the United Nations, which it announced in the direct condemnation of the Security Council for terrorism and the need to deter and defeat it with concerted cooperation among states in decision by (1373) in 2001, and with the unified strategy of the General Assembly that it adopted to combat terrorism in the year 2006, emphasizing the obligations that fall mainly on states regarding to prevention and suppression to confront terrorism. Among these, the most important of which is international cooperation based on the principle known as "either surrender or trial", to be complemented also by another form of cooperation, which is the provision of legal aid, including the provision of legal aid, and here states must remove the obstacles that stand in the way of an effective investigation of international cooperation in criminal matters. Resulting from reasons related to the legal approach taken by states with regard to activating the rules of international law, whose effect applies to cooperation In terms of combating terrorism or because of conditions related to the same crime in which cooperation is requested, or the person sought for terrorist crimes, being a refugee or enjoying immunity, being one of the officials of the state in which collaboration is requested.

INTERNATIONAL LEGAL ASPECTS OF THE FIGHT AGAINST TRANSNATIONAL ORGANIZED CRIME

This scientific article provides a systematic analysis of the international legal foundations of cooperation in the fight against transnational organized crime. In the article, the author tried to highlight the theoretical aspects of the issue of international cooperation of law enforcement agencies in the system of combating transnational organized crime. The content and essence of the concepts “international criminal group” and “international criminal community”, which were considered relevant today, were also analyzed in this article. The comparative analysis of the author on international conventions, declarations, and legislation of foreign countries served as a reflection of the specifics of this article. Moreover, the relevance of the research topic is because the commission of transnational organized crimes is characterized by the use of modern technical means and technologies. The predicted result was a significant increase in the number of serious crimes of a transnational nature. The lack of proper legal cooperation between States leads to the emergence and spread of dangerous practices when criminals, committing a crime in one State, illegally cross the borders of another in order to avoid justice and criminal prosecution. The problem of disclosure, investigation, and prevention of transnational organized crimes within the framework of international cooperation in criminal matters is the most urgent today.

The idea of mutual recognition of probation decisions within the European Union from the perspective of the State and the convicted person

In this paper the author addresses the issue of mutual recognition of probation decisions within the European Union from the perspective of the State and the convicted person. He characterizes the idea and general regulation of this aspect of cross-border cooperation in order to present the benefits and dangers of this institution for both entities. Through the analysis of legal acts, jurisprudence and reports on the practical application of these provisions, it points out the need for further development of international cooperation in criminal matters but also for changes in this area, putting forward the thesis that this institution is currently underestimated and underdeveloped in practical terms. The article contains a comprehensive characterization of both the formation of cooperation between European Union Member States in the area of mutual recognition of probation decisions and the principles on which it is based. It pays particular attention to the process of social resocialization and the influence of this institution on general and individual prevention. The analysis of the above issue will lead to postulates aimed at finding a remedy for at least some of the problems raised in the paper with the application of the institution in practice. The article is also a response to the accelerating process of globalization, the spreading of free movement of people within the European Union and the development trends of the Community, which implies a situation in which more and more crimes are committed by foreigners taking advantage of the openness of borders.

ОСОБЕННОСТИ РАЗВИТИЯ МЕЖДУНАРОДНОГО СОТРУДНИЧЕСТВА ОРГАНОВ ПРОКУРАТУРЫ РЕСПУБЛИКИ УЗБЕКИСТАН В РАМКАХ ЦИФРОВОЙ ИНТЕГРАЦИИ

The article focuses on the issues of international cooperation of the Prosecutors Office on provision of legal assistance in criminal matters. Besides that, the article is dedicated to the matters concerning the cooperation Prosecutors Office in terms of fighting against crime within the regional scope of international organizations. In particular, in this scientific research, proposals were made to improve the system of wanted persons, as well as the cancellation of biometric passports. The author’s comparative analysis on international conventions, declarations and legislation of foreign countries reflected the specifics of this article. Moreover, the relevance of the research topic is because the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and real support of many, including illegal, financial sources. The predicted result of such activities was a significant increase in the number of serious crimes of a transnational nature. The lack of proper legal cooperation between states leads to the emergence and spread of dangerous practices when criminals, committing a crime in one state, illegally cross the borders of another in order to avoid the administration of justice and prosecution. The problem of disclosing, investigating and preventing such crimes within the framework of international cooperation in criminal matters is the most urgent today.

PROSECUTOR’S SUPERVISION OF THE IMPLEMENTATION OF LAW ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

This article focuses on the issues of international cooperation of prosecutors’ offices on provision of legal assistance in criminal matters. Besides, the article is dedicated to the matters concerning the cooperation of prosecutor offices in terms of fighting against crime within the regional scope of international organizations. In particular, in this scientific research, proposals were made to improve the withdrawal system of international fugitive biometric passports. The author’s comparative analysis on international conventions, declarations and legislation of foreign countries reflected the specifics of this article. Moreover, the relevance of the research topic lies in the fact that the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and large financial support, including illegal financial sources. The negative outcome of such activities is due to a significant increase in the number of serious crimes of a transnational nature. The lack of adequate legal cooperation between states leads to the emergence and spread of negative situations when criminals, committing a crime in one state, illegally cross the borders of another in order to avoid the administration of justice and prosecution. The problem of detecting, investigating and preventing such crimes within the framework of international cooperation in criminal matters is the most pressing today.

ПОНЯТИЕ И СУТЬ МЕЖДУНАРОДНОГО СОТРУДНИЧЕСТВА В БОРЬБЕ С ПРЕСТУПНОСТЬЮ

This scientific article provides a systematic analysis of the international legal foundations of cooperation in the fight against crime. In the article, the author tried to highlight the theoretical aspects of the issue of international cooperation of law enforcement agencies in the system of combating crime. It also analyzes the content and essence of the concepts of “international criminal group” and “international criminal community”, which are considered relevant today. The author’s comparative analysis on international conventions, declarations and legislation of foreign countries reflected the specifics of this article. Moreover, the relevance of the research topic is because the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and real support of many, including illegal, financial sources. The predicted result of such activities was a significant increase in the number of serious crimes of a transnational nature. The lack of proper legal cooperation between states leads to the emergence and spread of dangerous practices when criminals, committing a crime in one state, illegally cross the borders of another in order to avoid the administration of justice and prosecution. The problem of disclosing, investigating and preventing such crimes within the framework of international cooperation in criminal matters is the most urgent today.

PECULIARITIES OF LEGAL RELATIONS IN THE FIELD OF INTERNATIONAL COOPERATION AGAINST MIGRANT SMUGGLING AND HUMAN TRAFFICKING

The article is devoted to the peculiarities of legal relations in the field of international cooperation in combating migrant smuggling and human trafficking. It has been determined that smuggling of migrants and human trafficking have long been among the transnational crimes in terms of profitability. The article proves that this area is characterized by clearly structured and organized criminal syndicates, which direct their profits to the development of other even more dangerous activities. The article describes the main features of trafficking in human beings under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which complements the UN Convention against Transnational Organized Crime. Research of influence of exogenous and endogenous factors on development of modern world trafficking. It is determined that international cooperation in criminal matters is one of the most important prerequisites for the organization of combating and preventing trafficking in human beings and smuggling of migrants. The article outlines the key elements of the implementation of trafficking in human beings in accordance with Article 3a of the Protocol to Prevent and Suppress Trafficking in Human Beings. A number of international normative and legal documents regulating the implementation of the state policy on combating human trafficking and smuggling of migrants have been proposed and paid attention to. It has been proven that, according to Europol, smuggling of migrants is carried out by criminal networks that provide various services: from forgery of documents to bribery of law enforcement officials. Various forms of international cooperation are superficially described: extradition of criminals, mutual legal assistance, transfer of criminal proceedings to another country, transfer of convicts, cooperation for confiscation, cooperation between law enforcement agencies, including information exchange and cooperation in investigations, joint investigation using special investigative methods.

International Cooperation in Criminal Matters between the Russian Federation and the Hong Kong Special Administrative Region: Legal Basis and Implementation Specifics

Based on an analysis of a departmental document, the author examines the organizational, criminal procedural and international legal aspects of obtaining legal assistance in criminal matters from the Hong Kong Special Administrative Region, as a result of which some features of such international cooperation are highlighted and conclusions are drawn.

Features of video conferencing as forms of mutual legal assistance in criminal matters

The article analyzes the features of videoconferencing as a form of mutual legal assistance in criminal cases and the need for its The article analyzes the features of videoconferencing as a form of mutual legal assistance in criminal cases and the need for its use. The author explores the international and national legal framework for using video conferencing tools as innovative technologies. As a result of the study, gaps in the legislation on the use of videoconferences in matters of international cooperation in criminal matters were identified. In addition, the experience, advantages and disadvantages of foreign countries in using this form of mutual legal assistance are considered, and the relevant practice is studied in detail. Current article is enriched with real life examples. As a result, the features of the use of videoconferencing in mutual legal assistance in criminal cases, as well as the consequences and conveniences of using these tools in pandemic situation were identified, and proposals were developed to amend the relevant legislationuse. The author explores the international and national legal framework for using video conferencing tools as innovative technologies. As a result of the study, gaps in the legislation on the use of videoconferences in matters of international cooperation in criminal matters were identified. In addition, the experience, advantages and disadvantages of foreign countries in using this form of mutual legal assistance are considered, and the relevant practice is studied in detail. Current article is enriched with real life examples. As a result, the features of the use of videoconferencing in mutual legal assistance in criminal cases, as well as the consequences and conveniences of using these tools in pandemic situation were identified, and proposals were developed to amend the relevant legislation

APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS

A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.

Transfer of criminal proceedings: from stumbling block to cornerstone of cooperation in criminal matters in the EU

Most forms of international cooperation in criminal matters have now been regulated to some extent by European Union legislation. One classical form of cooperation has been so far largely immune from influence by the EU legislator, however. This is the area of transfer of proceedings. This article provides an overview of the current situation and argues that new life should be blown into earlier initiatives to improve this form of cooperation. Harmonisation in this area will prove an important step to facilitate the proper administration of justice in the common Area of Freedom, Justice and Security that the European Union is set to realise.

Usklađenost domaćeg krivičnog zakonodavstva u oblasti međunarodne i pravosudne saradnje sa pravnim tekovinama EU u borbi protiv organizovanog kriminaliteta - bezbednosni aspekt

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

Policies of International Friendship in Judicial Cooperation in Criminal Matters: The Non-Extradition of Brazilian and Portuguese Nationals to Third States – A Comparison with EU Law

This article addresses different implications of nationality in international cooperation in criminal matters, especially in extradition law. Most States, particularly of the civil law tradition, have a longstanding practice not to deliver their own citizens to foreign criminal justice systems. This article begins by reviewing the rationales of the classic nationality exception and contrasts it with the approach of States of the common law tradition, which have no objections of principle to extraditing their own nationals. It then looks into the extradition relations between Brazil and Portugal, following which it provides a brief critical appraisal of the adequacy of the nationality exception in an increasingly globalised world. With these foundational issues settled, the article moves on to questioning what are the effects of interstate affinity upon extradition. It concludes that, in addition to (immediate or direct) effects between the States involved, affinity can also have meaningful (indirect) implications to third States: States which are linked by peculiar (historical, legal, political) bonds sometimes refuse to extradite each other’s nationals to other States. In this regard, the article analyses of the state affairs among the Member States of the European Union following the groundbreaking case law initiated by the Court of Justice in 2016, and compares this recent legal development with the regime that has been in place between Brazil and Portugal since 1971.