Extradition

How extradition works: stages, refusal grounds and defence

A step-by-step breakdown of the extradition procedure, refusal grounds and how a defence is built.

Updated 6 June 2026 · 8 min read

Key principles

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countries must treat the act as criminal

Суд

reviews the lawfulness of surrender

ст. 3

ban on political cases in INTERPOL

What extradition is

Extradition is the surrender of a person by one country to another for prosecution or to serve a sentence. It is carried out under international treaties and national law.

Stages of the procedure

The procedure usually involves detention, examination of the request, a court hearing and an executive decision. Defence is possible at each stage: from challenging detention to proving grounds for refusal.

Grounds for refusal

Grounds include the political character of the case, the risk of torture or an unfair trial, nationality, lack of dual criminality, expired limitation periods and the risk of violating fundamental human rights.

Frequently asked questions

Do countries extradite their nationals?

Many do not, or only with limits, sometimes substituting domestic prosecution.

Does asylum help against extradition?

Recognised protection status complicates surrender, especially in political cases.

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