Legal aspects of extradition on the basis of a European arrest warrant
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
The article defines the concept of “international search”, which is part of the broader concept of “wanted in criminal proceedings.” It is established that wanted ads are procedural decision, handed down in the case of evasion of the suspect / accused to participate in the investigation (investigation) activities, hearings and other procedural law by criminal actions. It should determine that, unlike the national search, international is also a form of international cooperation and has done so at a certain legal framework, which, as mentioned above, is not yet settled norms Code of Ukraine. Among all the international investigation of most interest, according to a search query using Interpol channels and options, which is carried out through national central bureaus. The author examines the practical forms of such cooperation and Determined that in practice often available is ambiguous interpretation of the term “detention order” Use Art. 25 of the Convention the term “place of judgment» according to the scientific and legal experts means that the “detention order” should include a preventive measure, which by its actual content close to the prison. Determined that the decision of the investigating judge or the court for permission to arrest the purpose pretext for a motion for a preventive measure in the form of detention cannot be considered “detention order” within the meaning of Article 25 of the European Convention on Extradition and not decision investigating judge or the court of custody within the meaning of Article 575 of the Criminal Code of Ukraine. The author made a number of conclusions and generalizations on improving law enforcement Ukraine on cooperation with the International Criminal Police Organization Interpol and police agencies of European countries on extradition.
Authors and Affiliations
Armen Nersesian
Keywords
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- EP ID EP433102
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