Can I be extradited to face charges that would not be criminal in the country where I currently reside? - Intercollegium Law Firm
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Can I be extradited to face charges that would not be criminal in the country where I currently reside?

Most extradition treaties require dual criminality — meaning the conduct must constitute a criminal offence in both the requesting and requested states. If the alleged conduct is not criminalised where you are located, this provides a strong ground to resist extradition. However, courts assess whether the underlying conduct (not the specific charge name) would be criminal, so technical differences in offence definitions may not be sufficient. Some treaties contain exceptions for certain offence categories. A detailed comparative legal analysis of both jurisdictions’ criminal codes is essential to establish this defence.

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