Romania to sign extradition agreement with Mexico

02 March 2023

Romania will sign a treaty with Mexico regarding extradition after both states have negotiated and agreed upon the final form of the document.

"The negotiated treaty is a modern one, responding to the evolution of transnational criminal activity, and seeks to facilitate bilateral judicial cooperation upon entering into force. This treaty is the first step towards creating a complete bilateral legal framework, with the parties subsequently examining the possibility of concluding a treaty on judicial assistance in criminal matters," the Ministry of Justice said in the memorandum proposing the signing of the treaty between Romania and Mexico to the government, cited by Profit.ro.

The main provisions of the treaty concern the “obligation to extradite," establishing the scope of regulation at all stages of the criminal process; "offenses giving rise to extradition," determined according to the penalty applied in the penalty enforcement phase or applicable in the criminal investigation or trial phase; "tax offenses," which do not constitute a reason for refusing extradition; "reasons for refusal," namely political offenses (and exceptions), military offenses, the risk of violating fundamental rights, lack of dual criminality, violation of the principle of non bis in idem, acquisition of political asylum or refugee status, public order interests; "extradition of own citizens," which is possible under certain conditions.

The aut dedere aut judicare (the obligation to extradite or prosecute) principle is also regulated.

Back in 2021, a member of a violent Mexican drug cartel was caught in Romania and extradited to the US. Earlier this month, Mexican police arrested a Romanian mafia boss who stole millions from tourists at Mexico’s tourist beach of Cancun, according to Vice News.

radu@romania-insider.com

(Photo source: Ruletkka | Dreamstime.com)

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Romania to sign extradition agreement with Mexico

02 March 2023

Romania will sign a treaty with Mexico regarding extradition after both states have negotiated and agreed upon the final form of the document.

"The negotiated treaty is a modern one, responding to the evolution of transnational criminal activity, and seeks to facilitate bilateral judicial cooperation upon entering into force. This treaty is the first step towards creating a complete bilateral legal framework, with the parties subsequently examining the possibility of concluding a treaty on judicial assistance in criminal matters," the Ministry of Justice said in the memorandum proposing the signing of the treaty between Romania and Mexico to the government, cited by Profit.ro.

The main provisions of the treaty concern the “obligation to extradite," establishing the scope of regulation at all stages of the criminal process; "offenses giving rise to extradition," determined according to the penalty applied in the penalty enforcement phase or applicable in the criminal investigation or trial phase; "tax offenses," which do not constitute a reason for refusing extradition; "reasons for refusal," namely political offenses (and exceptions), military offenses, the risk of violating fundamental rights, lack of dual criminality, violation of the principle of non bis in idem, acquisition of political asylum or refugee status, public order interests; "extradition of own citizens," which is possible under certain conditions.

The aut dedere aut judicare (the obligation to extradite or prosecute) principle is also regulated.

Back in 2021, a member of a violent Mexican drug cartel was caught in Romania and extradited to the US. Earlier this month, Mexican police arrested a Romanian mafia boss who stole millions from tourists at Mexico’s tourist beach of Cancun, according to Vice News.

radu@romania-insider.com

(Photo source: Ruletkka | Dreamstime.com)

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