Extradition (Germany and Czechoslovakia) Case

Docket NumberCase No. 182
Date04 Abril 1921
CourtObsolete Court (Germany)
Germany, Reichsgericht in Criminal Matters.
Case No. 182
Extradition (Germany and Czechoslovakia) Case.

State Succession — The Austro-Hungarian Empire — Extradition Treaties — Germany and Czechoslovakia.

Extradition — Conditions of — Principle that a Person must only be Tried for the Offence for which he has been Extradited — Conventional and Customary International Law Rules of Extradition.

Extradition — In General — International Law of Extradition Independent of Extradition Treaties — Principle that a Person must only be tried for the Offence for which he is Extradited — Extradition Treaties and State Succession as between Austria-Hungary and Czechoslovakia.

The Facts.—The accused was extradited from Czechoslovakia on the charge of larceny coupled with the charge of being a habitual thief. There was at that time no extradition treaty between Czechoslovakia and Germany, and the extradition took place by virtue of an ad hoc agreement. The accused was subsequently convicted in Germany not only of the crime for which he had been extradited, but also of the unlawful export of horses. The public prosecutor himself then appealed against the conviction on the ground that as the accused was extradited for larceny only, the conviction ought to have been confined to this crime.

Held, on final appeal on a point of law: That the appeal must be allowed.

The pre-war extradition treaty between Germany and Austria was not applicable to...

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