塞浦路斯与北塞浦路斯之间的引渡程序

Mehmet Salih Az
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引用次数: 0

摘要

国际司法协助是一国主管司法机关代表另一国司法机关执行的一套程序。引渡也是国际司法协助的一个重要组成部分,其定义为应请求将据称在一国犯下罪行并在受审或服刑期间逃往另一国的人移交给外国,以便对他们进行审判或服刑。通过引渡程序,其目的是确保犯罪的人不会得到奖励,并有效打击犯罪行为。由于我国有大量公民居住在国外,在两国之间缔结的免签证协定范围内很容易进行旅行,以及非法离开我国,因此吉尔吉斯斯坦还经常诉诸引渡。特别是,大量嫌疑人、被告或罪犯利用基耶和北塞浦路斯(北塞浦路斯共和国)之间的历史联系和密切政治关系框架内提供的旅行自由和便利在两国之间流动,这进一步增加了国际司法援助和引渡的重要性。由于上述原因,在本声明中,将在两国在这方面的国内法和两国之间关于司法协助的双边协定的框架内审查瑞奇耶和北塞浦路斯(TRNC)之间的引渡程序。首先,介绍了国际司法协助和引渡的概况,这是国际司法协助和引渡的重要组成部分。随后,在国内法和双边协定的范围内讨论了引渡程序(如立法、实施引渡程序的机构、临时逮捕、移交阶段和专业规则)。此外,还简要介绍了关于“驱逐出境”的情况,这在实践中被认为是引渡的替代办法,也是适用的安全措施之一。最后,由于 rkiye和北塞浦路斯(TRNC)之间的历史联系和密切的政治关系,强调了引渡的重要性,在过去十年的统计数据框架内,进行审判和防止被指控犯罪的人有罪不罚现象,并有效地打击犯罪行为。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Extradition Procedure between Türkiye and Northern Cyprus
International judicial assistance (letters rogatory) is a set of procedures carried out by a competent judicial authority of one state on behalf of the judicial authority of another state. Extradition is also an important part of international judicial assistance and is defined as the surrender to a foreign state, upon request, of persons, for whom it was alleged that they have committed a crime in one country and fled to another country while being tried or serving a sentence, in order them to be tried or to serve the sentence imposed. With the extradition process, it has been aimed to ensure that people who commit crimes are not rewarded and that criminality is effectively combated. Türkiye also frequently resorts to extradition due to the large number of our citizens living abroad, the travels done easily within the scope of the visa exemption agreements concluded between the countries, and the illegal exits from the country. In particular, the high number of suspects, accused persons, or convicts who move between the two countries by taking advantage of the freedom and ease of travel provided within the framework of historical ties and close political relations between Türkiye and Northern Cyprus (TRNC) increases further the importance of international judicial assistance and extradition. In this declaration herein, due to the aforementioned reasons, the extradition process between Türkiye and Northern Cyprus (TRNC) is examined within the framework of both countries’ domestic law in this regard and of the bilateral agreement on judicial assistance between them. First of all, general information is given about international judicial assistance and extradition, which is an essential part thereof. Subsequently, the extradition process (such as legislation, institutions conducting the extradition process, provisional arrest, surrender phase, and rule of specialty) is discussed within the scope of the domestic law and the bilateral agreement. In addition, information was briefly provided on ‘‘deportation’’ as well, which is considered as an alternative to extradition in practice and among the applied security measures. Finally, the importance of extradition due to the historical ties and close political relations between Türkiye and the Northern Cyprus (TRNC) was emphasized, conducting trials and preventing impunity for whom it has been alleged that they committed crimes and effectively combating criminality were addressed within the framework of the statistics belonging to the last decade.
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