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In modern times in international law, extradition is mainly based on treaties between countries. In other words, the conditions for extradition should be as follows:
- Extradition is generally based on bilateral treaties.
- In extradition, the rule of specialty is followed which was stated in US vs Ranseher, 1885. This rule states that the criminal demanded is to be tried solely and exclusively for the offense for which the extradition is made and for no other. The United States Supreme Court quashed the conviction of an accused who had been tried for a different offense instead of the offense for which he had been extradited.
- Almost all states are convinced that there should be no extradition of political offenders. But what is a political offense, there is a big difference of opinion.
- In the event of a military offense, extradition is not preferred.
- Likewise, in matters of religious offenses, extradition is not carried out.
- There should be sufficient evidence for the crime for which extradition is sought. In other words, the crime should be such that prima facie it seems crime.
- For extradition, there should be a formal request. Other formalities should also be followed.
- When a person is accused of having committed an offense in a foreign territory, it is not essential that at the time of the commission of an offense that person was present in that foreign country.
- The concept of double criminality means that extradition will only be allowed when the offense for which it is requested is an offense in both countries, i.e. requested and requesting, both countries should have in their laws, the act reported as an offense.
- In general, all the conditions mentioned in extradition treaties must be fulfilled before the offender is extradited.