Extradition from Belgium (Germany) Case

Docket NumberCase No. 168
Date25 Junio 1929
CourtObsolete Court (Germany)
Germany, Reichsgericht in Criminal Matters.
Case No. 168
Extradition from Belgium (Germany) Case.

Extradition — Principle of Identity of Extradition and Prosecution — Abrogation of that Principle by Treaty.

The Facts.—The accused, on the request of the German Government, was surrendered by the Belgian Government on charges of fraud. After the extradition he was tried also on a charge of having obtained money by false pretences. The accused appealed against conviction on the ground that the conditions under which the extradition was granted by Belgium were not fulfilled. The Treaty of Extradition between Belgium and Germany of 24 December, 1874, provided for extradition of persons for crimes or offences in so far as they were not of a political character or connected with a political offence, provided that they fell within the categories of crimes or offences enumerated in Articles I and II of the Treaty.

Held (on appeal): that the appeal must be dismissed. The appeal was made by reference to the principle of identity of extradition and prosecution. This principle could have no application in so...

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