EXTRĂDAREA APARENTĂ – O NOUĂ FORMĂ DE COOPERARE INTERNAŢIONALĂ ÎN MATERIE PENALĂ
APPEARING EXTRACTION - A NEW FORM OF INTERNATIONAL COOPERATION IN CRIMINAL MATTERS

Summary/Abstract: A more efficient prevention and combat against transnational and domestic crime can only be achieved under the condition of a normal judicial cooperation between the states of the world. To respect the obligations assumed through the international treaties and conventions to whose it is party, Romania transposed into its national law a series of specific rules related to the international cooperation in criminal matters, fully contributing to the conjugate efforts of the states of the world agains crime. In time the most common and used form of international judicial cooperation in criminal matters has been the extradion. For serious international crimes, the institution of extradition has a different legal procedure called apparent extradition. This one is distinguished from the actual extradition because it involves a rapport between a state and an international institution. In other words, handing over a person it is not granted at the request of another sovereign state, but at the request of an international criminal court. The source of apparent extradition it is not an extradition treaty or the domestic law, but the status of the international criminal court in cause. As a consequence, this procedure it is not ruled neither under any conditions of substance or form, nor regarding the effects of the extradition law.

• Details
• Contents