The extradition is not made, if:
a) the person, which extradition is required, is the citizen of the required agreeing party; In this case, criminal case will be sent to competent agencies of the required agreeing party for realization of the further criminal prosecution.
b) at the moment of receiving of a request the criminal prosecution according to the legislation of the required agreeing party cannot be processed or the sentence cannot be executed because of the expiration of terms of prescription or on other legal basis;
c) concerning the person, which extradition is required, on territory of the required agreeing party for that crime the sentence had been passed or decree on dismissal entered into legal force;
d) the crime according to the legislation of the requesting or required agreeing party is pursued by way of the private charge (by application of aggrieved). (article 57 item1)
In extradition can be denied, if the crime, in connection with which the extradition is required, was accomplished on territory of the required agreeing party. (article 57 item 2)
Also criminal case can be returned when it does not correspond to the requirements of the given Convention.
After passing the decision the required agreeing party should notify the requesting agreeing party about the sentence and to send a copy of the sentence to the requesting agreeing party. (article 74)
Besides, the part 3 of the unit about the legal help on criminal cases contain definitions about transfer of subjects important in criminal case (material proofs, instrument of a crime etc.) (article 78), and also transfer to other agreeing parties of the judicial information, information on the sentences entered in legal force passed by courts of one agreeing party concerning the citizens of other agreeing party, simultaneously remitting available condemned fingerprints. And each of the agreeing parties gives to other agreeing parties at their request information of a previous conviction of the persons condemned earlier by courts, if these persons are involved in the criminal liability on territory of the requesting Contract (item 79).
International Crime. The development of increasingly sophisticated facilities for rapid travel has made it far easier for criminals to move around the world. At the same time, the complex structures of modern societies and the constant growth of international exchanges provide more and more opportunities for international criminal activity, which has now reached alarming proportions.
But the term 'international crime', although in common use, does not necessarily refer to a specific category of offence defined in law.
Some offences are covered by international conventions, for instance currency counterfeiting (1929 Geneva Convention on struggle wit counterfeit token moneys), traffic in human beings and the exploitation of prostitution (1949 Convention on struggle against trade of people and exploitation of prostitution), and drug trafficking (1988 UN’s Uniform Convention on struggle against illegal turn-over of narcotic means and psychotropic substances).
Other offences, however, can be classified as 'international' because of the behaviour of the offenders. For instance, preparations for committing an offence may be made in one country while the actual offence is committed in one or more other countries. To take another example, similar offences may be committed one after the other in several different countries. Finally, an offender may escape across a border after committing his offence, he may transfer his illicit gains abroad, or he may conceal objects or documents used to commit the offence in another country.
Tracing and arresting such offenders may prove extremely difficult; problems can arise in connection with exchanging information, identification, international investigations and subsequent extradition. Because of these problems, police departments in different countries must work together if they are to combat international crime successfully.
The principles and procedures governing international police cooperation have grown up gradually over the years to form the present INTERPOL system. It may be worth recalling the most significant dates.
1914 During the First International Criminal Police Congress, held in Monaco from 14-18 April, legal experts and police officers from 14 different countries and territories studied the possibility of establishing an international criminal records office and harmonizing extradition procedures
The outbreak of the First World War prevented any further progress
1923 The Second International Criminal Police Congress met in Vienna, Austria, and set up the International Criminal Police Commission (ICPC) with its own Statutes, and official Headquarters in Vienna. The ICPC operated satisfactorily until the outbreak of the Second World War, but was essentially a European organization
1946 After the Second World War, a conference was held in Brussels to revive the ICPC and the whole concept of international police co-operation
New Statutes were adopted and the Commission's Headquarters moved to Paris
'INTERPOL' was chosen as the telegraphic address of the Headquarters
1956 The ICPC became the International Criminal Police Organisation INTERPOL, abbreviated to ICPO-INTERPOL
1966 The INTERPOL General Secretariat moved to Saint Cloud, outside Paris
1973 The Organisation celebrated its 50th anniversary in its birthplace, Vienna
1984 The new Headquarters Agreement signed with the French Government came into force
1989 On 27 November, the organisation's new Headquarters building in Lyon was officially inaugurated
1994 The number of Member States reached 176
Under Article 2[18] of the Organisation's Constitution, INTERPOL's aims are: "
(a) To ensure and promote the widest possible mutual assistance between all criminal police authorities, within the limits of the laws existing in the different countries and in the spirit of the Universal Declaration of Human Rights.
(b) To establish and develop all institutions likely to contribute effectively to the prevention and suppression of ordinary law crimes." The limits of its action are laid down in Article 3: "It is strictly forbidden for the Organisation to undertake any intervention or activities of a political, military, religious or racial character." According to the interpretation given to Article 3, a political offence is one which is considered to be of a predominantly political nature because of the surrounding circumstances and underlying motives, even if the offence itself is covered by the ordinary criminal law in the country in which it was committed. This interpretation, based on the predominant aspects of the offence, is embodied in a resolution adopted by INTERPOL's General Assembly in 1951. In addition, a resolution adopted in 1984 states that, in general, offences are not considered to be political when they are committed outside a 'conflict area'and when the victims are not connected with the aims or objectives pursued by the offenders.
It helps to exchange the criminal and other information between law-enforcement agencies of the state and divisions of a Interpol, and the appropriate police organizations of countries of foreign countries and provides a kind of a link in international cooperation on struggle against criminality.
Interpol's governing bodies are its General Assembly and its Executive Committee; these are deliberative organs, with decision-making and supervisory powers, which meet periodically. The Organisation's permanent departments constitute the General Secretariat which is responsible for implementing the decisions and recommendations adopted by the two deliberative organs and whose close contacts with the INTERPOL National Central Bureaus (NCBs) in the various member countries provide the framework for day-to-day international police co-operation. The NCBs, which are national bodies, are responsible for liaison between the Member States and with the General Secretariat.
1. General Assembly The General Assembly is composed of delegates appointed by the governments of Member States. It meets once a year. The Assembly is INTERPOL's supreme governing body and takes all the major decisions affecting general policy, resources needed for international co-operation, working methods, finances and programmes of activities. It also elects the Organisation's officers. Generally speaking, the Assembly takes decisions by a simple majority in the form of resolutions or recommendations. Each Member State represented has one vote.
2. Executive Committee The Executive Committee has thirteen members who are elected by the General Assembly from among the Member States' delegates. The President of the Organisation is elected for a four-year term of office. He chairs General Assembly sessions and Executive Committee meetings, makes certain that decisions taken by the Organisation's governing bodies are implemented, and maintains close contact with the Secretary General. The three Vice-Presidents and nine ordinary members are all elected for three-year terms of office. The 13 Executive Committee members are elected on the basis of equitable geographic distribution and must be from different countries. The Executive Committee usually meets three times a year. It ensures that General Assembly decisions are implemented, prepares the agenda for General Assembly sessions, approves the programme of activities and draft budget before they are submitted to the Assembly, and supervises the management of the General Secretariat.
General Secretariat (Raymond E. Kendall QPM MA Secretary General, INTERPOL ) The General Secretariat is the permanent administrative and technical body through which INTERPOL operates. It implements the decisions taken by the General Assembly and the Executive Committee, directs and co-ordinates actions designed to combat international crime, centralizes information on crime and criminals, and maintains contact with national and international authorities. The General Secretariat is staffed by the Secretary General and the technical and administrative personnel needed to carry out the Organisation's work.
The Secretariat is administered by the Secretary General who is appointed by the General Assembly for a five-year term of office. He is answerable to the General Assembly and the Executive Committee for the Organisation's general and financial management. The General Secretariat staff are international officials and, as such, must act solely in the interests of the Organisation.
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