Amnesty (Extradition) Case

CourtRegional Court (Germany)
Docket NumberCase No. 148
Date16 1934
Germany, Upper District Court of Karlsruhe.
Case No. 148
Amnesty (Extradition) Case.

Treaties — Operation of — Subsequent Legislation of One of the Contracting Parties Inconsistent with the Treaty.

Extradition — Conditions of — Amnesty Law of One of the Contracting Parties Passed Subsequently to the Treaty.

The Facts.—Switzerland had requested the extradition of the accused for an offence which was criminal according to both Swiss and German law. It was also covered by the Swiss-German Extradition Treaty of 1874. On August 7, 1934, an amnesty law was issued in Germany which covered the offence committed by the accused. The German Extradition Law of December 23, 1929, provided that no extradition shall take place if as a result of a German amnesty no prosecution of the offence in question is permissible.

Held: that extradition must be granted. The Swiss-German Extradition Treaty did not provide for any such exception as...

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