Extradition
What you need to know
Facing Extradition? Know Your Rights.
Extradition is a complex legal process where one country requests the transfer of a person for prosecution or sentencing. Each jurisdiction applies its own rules, treaties, and legal safeguards. No two extradition cases are the same.
Key factors include the type of offense, treaty terms, nationality, and potential human rights concerns. Some countries refuse to extradite their own citizens or demand fair trial assurances.
Whether it’s an Interpol Red Notice, a U.S. request, or a European Arrest Warrant – expert legal guidance is essential.
Extradition law is never one-size-fits-all. You need clarity, strategy, and cross-border experience.
FAQ
❓ What are the legal bases for extradition?
The first thing to check is whether there is an extradition treaty between the two countries.
In the European Union, the so-called ‘transfer’ of a person has been carried out on the basis of a European arrest warrant (EAW) since 2004.
Extradition in Europe outside the EU is governed by the Council of Europe's European Extradition Convention of 1957, which applies to all member states of the Council of Europe as well as Israel, Chile, South Africa, Russia and South Korea.
If there is no extradition treaty, a state can request the extradition of a person in accordance with the domestic law of the requested state. The criminal procedure codes of many countries contain provisions that allow extradition even without an extradition treaty. This means that states can request the extradition of a person from the territory of the requested state even without an extradition treaty.
❓ Can I be sent to another country for something that’s not a crime here?
You can only be extradited if the thing you’re accused of is also a crime in the country where you are now. This is called the dual criminality rule – it protects people from being sent away for things that aren’t even illegal where they live.
❓ Can I be extradited if I’m a citizen of the country I’m in now?
It depends. Some countries don’t extradite their own people, or only do so under special rules. In the EU, things are a bit different – you can be sent to another EU country under a European Arrest Warrant.
❓ What is an European arrest warrant (EAW)?
The European arrest warrant is an instrument for the EU-wide enforcement of a national arrest warrant based on a framework decision of 13 June 2002. It simplifies and shortens the extradition of offenders or suspects, as the country requesting extradition is not allowed to check the legality of the arrest warrant.
The mechanism is based on the principle of mutual recognition. A European arrest warrant can only be issued for the purpose of prosecution or for the execution of a custodial sentence. It can only be issued for offences punishable by a minimum sentence of one year or more in prison. If the sentence has already been imposed, a European arrest warrant can only be issued if the custodial sentence to be enforced is at least four months.
The EAW also obliges the EU member states to extradite their own citizens to other EU countries, but the states can still insist on enforcing the sentences imposed on their citizens (or citizens resident in their country) themselves.
❓ Will they still extradite me if I could be tortured or executed?
No – or at least they shouldn’t. If there’s a real risk of torture, inhumane treatment or the death penalty, most countries will say no to extradition. Protecting your basic human rights always comes first.
❓ If I’m extradited, can they charge me with more crimes later?
No!
The principle of speciality in extradition law states that a person who has been extradited to another country may only be prosecuted or punished in the requesting country for the offence on which the extradition is based. Prosecution or punishment for other offences committed earlier is not permitted without the consent of the extraditing country.
The principle of speciality is intended to prevent a state from extraditing a person in order to prosecute or punish them for other, unspecified offences. This protects the rights of the extradited person and prevents an unjustified extension of criminal prosecution.
The principle of speciality can be a strategic element of defence and should therefore never be waived.
❓ What if I won’t get a fair trial in that country?
If the other country’s justice system is known to be unfair or corrupt, and you might not get a fair trial, your lawyer can argue against extradition. Courts take this seriously.
We can help you develop a tailored strategy.
Because facing extradition today demands global coordination, deep legal know-how, and swift strategic action—qualities that the Joint Defense Team exemplifies. Our alliance brings together some of Europe’s top criminal defence attorneys, each offering specialized expertise and the ability to act across borders:
- Christian Lödden (Germany) – Focused on cross-border extradition, ECtHR interventions, and complex IT-related evidence like EncroChat/SkyECC/ANOM.
- Justus Reisinger (Netherlands) – Expert in transnational cases, data encryption matters (EncroChat/SkyECC), and interventions before the ECtHR and the ECJ.
- Guillaume Martine (France) – Co-founder of Binsard Martine Associés, with deep experience in financial crime, urgent criminal defense, and pan-European operations.
- Maria Barbancho, LL.M. (Spain) – Barcelona-based boutique criminal defence partner specialising in international criminal law, extraditions under the EAW, and complex cross-border cooperation
- Bojana Franović (Montenegro) – A seasoned human rights litigator who represents clients before domestic courts and the ECtHR, especially in extradition contexts.
- Daniele Fiorino (Italy) – Skilled in economic crime prosecutions and international extradition processes.
Together, this diverse team offers:
Multi-jurisdictional strength – While one attorney challenges extradition in your current country, another investigates the requesting country to secure crucial evidence or assurances.
Cutting-edge knowledge – With extensive experience in encrypted digital evidence and international tribunals, the team knows how to handle complex, tech-driven investigations.
Human rights focus – With ECtHR representation built into our core expertise (Bojana Franović’s Strasbourg litigation), we are ready to file urgent Rule 39 interim measures to halt extradition when rights are at stake.
Seamless coordination – Our lawyers regularly collaborate across borders, as seen at conferences like Octopus 2025, ensuring your defense is unified, strategic, and legally robust.
In addition, we have a global network of trusted colleagues who are among the leading criminal defence lawyers in their respective countries, enabling us to access and ensure expert local support in all circumstances.
In short: When extradition is on the line, you need more than a local lawyer—you need a coordinated powerhouse across multiple legal systems. That is the Joint Defense Team: a group that thinks and defends internationally, swiftly and effectively.
Contact us!
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