Ekstradicijos samprata, pagrindai ir sąlygos

Abstract

SUMMARY Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. As between nations, extradition is regulated by treaties. As between states or other political subdivisions on a domestic level, extradition is more accurately known as rendition. The master thesis is a research of the concept of extradition in historical perspective, trying to overlook deeper the basics of this legal norm. The research of the concept of extradition in historical perspective, trying to overlook deeper the basics of this legal norm. The research is made by comparing the institute of extradition and institute of fugitives in the context of international law, other legal acts. Fundamental legal acts of extradition are thoroughly discussed in the master thesis. The author presents the analysis of conventions, bilateral, agreements, national laws of extradition, principle of reciprocity and moral human rights. The author presents opinions of various contemporary Lithuanian scientists such as V. Vadapalas, A. Nevera, A. Čepas, J. Žilinskas, G. Goda, M. Kazlauskas, P. Kuconis, G. Švedas, L. Visockienė. Also were used fundamental works about extradition by M. Akehurst, S. Bedi, G. Gilbert, H. Lauterpacht, I. A. Shearer, A. Boicov, R. Valejev, J. Vasiljev, B. Velčev, L. Galenskaja etc. International agreements, national criminal laws and laws of criminal procedure are also analyzed in the study. Serious consideration was made for conditions of extradition fixed in European convention of extradition which are included in Lithuanian agreements for juridical cooperation with foreign countries. The author distinguishes total and simplified extradition, its significance for the prosecution. The author presents the concept of European Arrest Warrant, its legal significance and relation with the norms of extradition, as well as problems related to implementation. The author presents fragments from Eurojust activities. The author of the thesis supports the position that main objective in the field of extradition is the international cooperation of the system of criminal justice. Implementation the rights of the transmissible person and state interests is a matter of major importance. The judicial fundamentals of extradition, different agreements and conventions must be analyzed in making any decision on extradition. For instance, impossibility of extradition in cases of political crimes is one of the most important conditions in modern international legal cooperation. While the conditions of extradition prohibit extradition for political crimes in each case court desides if the crime is of a political nature. The author presents some important scientific conclusions in regard of the concept of extradition, the implementation of extradition, stressing the need of careful analysis of each individual case.