Re Nikoloff

CourtRegional Court (Germany)
Docket NumberCase No. 147
Germany, Upper Court of Dresden.
Case No. 147
In re Nikoloff.

Extradition — Conditions of — Extradition in the Absence of a Treaty —“Universally Recognised Principles of International Law OJ-Principle of Reciprocity-Principle of Identity of Extradition and Prosecution.

The Facts.—The Bulgarian Government requested the extradition by Germany of Benno Christoff Nikoloff, a Bulgarian national, following the issue of a warrant for his arrest on a criminal charge by the examining magistrate of the District Court of Plewen (Bulgaria). The Extradition Treaty between Germany and Bulgaria of September 29, 1911, had expired on September 23, 1926, and no new treaty had been concluded by the time of the application for extradition. On September 7–8. 1926. a provisional arrangement had been concluded between the two countries providing that judicial assistance in criminal matters should be accorded by each of the parties to the other “on the basis of reciprocity”, until such time as a new extradition treaty should be concluded. The...

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