以后苏联国家为例,为解决执行刑罚的刑事案件而完成对引渡人员的调查

IF 0.1 Q4 LAW
Parviz S. Abdullozoda
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引用次数: 0

摘要

这篇文章讨论了与执行引渡请求以解决刑事案件或执行判决有关的专题问题,并分析了后苏联国家的国际法律行为准则和国家立法。人们注意到后苏联国家在这个问题上缺乏一致性,因为每个后苏联国家都有自己的特点。实施引渡不仅是一项程序性行动;它由若干程序行动组成,目的在于实际移送该人。本文审查了将某人引渡到外国的程序,传统上开始于将该人拘留在国际通缉名单上,通知外国将该人拘留在国际通缉名单上,并请求发送该人的引渡请求,收到引渡请求,以及根据国家立法规范和国际条约规范对请求的遵守情况进行核查。还涉及解决将一个人引渡到外国并可能对这一决定提出上诉的问题,组织一个关于实际移交一个人的案件。提交人的结论是,执行引渡请求有困难,因而导致请求不执行,以及延迟或拒绝引渡。在这一过程中,最坏的结果是在没有为不同目的提出合理假设和理由的情况下引入关于拒绝引渡的规则。无论如何,在没有充分理由的情况下拒绝引渡人不会带来好的结果:对国家的不信任可能成为破坏关系和不可引渡人员的基础。提出了改进这一领域的刑事诉讼立法和执法做法的设想,以及旨在解决这一问题的行动的有效性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Fulfillment of inquiry on extradition of persons for solving criminal case of execution of sentence on the example of post-Soviet countries
The article deals with topical issues related to executing requests for extraditing a person for the resolution of a criminal case or the execution of a sentence, and analyzes norms of international legal acts and national legislation in post-Soviet countries. The lack of uniformity across post-Soviet countries on this issue is noted, since each post-Soviet country has its own characteristics. Carrying out an extradition is not only one procedural action; it consists of several procedural actions aimed at the actual transfer of the person. This article examines proceedings for the extradition of a person to a foreign state, which traditionally begins with the detention of that person on the international wanted list, a notification to a foreign state about the detention of that person on the international wanted list, and a request to send a request for extradition of that person, the receipt of that request for extradition, and verification of compliance with the request against norms of national legislation and norms of international treaties. Also involves are resolving the extradition of a person to a foreign state with a possible appeal against this decision, organizing a case regarding the actual transfer of a person. The author concludes that there are difficulties executing an extradition request that subsequently leads to non-execution of the request, and delay or refusal to extradite. In this process, the worst result is to import rules on the refusal of extradition without a reasonable assumption and justification for different purposes. In any case, the refusal to extradite people without a substantial reason will not lead to a good outcome: distrust of states can become the basis for damaged relations and non-extraditable persons. Ideas are proposed for improving criminal procedural legislation and law enforcement practice in this area, as well as the effectiveness of actions aimed at resolving this issue.
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来源期刊
CiteScore
0.30
自引率
50.00%
发文量
18
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