How do extradition treaties handle dual criminality for complex financial offences?

Dual criminality requires that the alleged conduct constitutes a criminal offence in both the requesting and requested states. For complex white-collar crimes—such as market manipulation, insider trading, or tax evasion—this analysis can be contentious because financial regulatory frameworks differ significantly between jurisdictions. Courts typically apply a conduct-based test, examining whether the underlying behaviour would be punishable domestically, rather than requiring identical statutory definitions. Extradition may be refused where the requested state does not criminalise the specific financial conduct, or where essential elements of the foreign offence have no domestic equivalent.

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