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Services for Protection Against Unlawful Criminal Prosecution

В последнее время наблюдается тенденция, при которой граждане, совершившие значительные преступления и желающие избежать наказания, пытаются решить вопрос ухода от уголовной ответственности путем выезда «за границу». И «за граница» здесь упомянута не только в значении иностранного государства, но также как некий барьер для правоохранительных органов в осуществлении поиска и задержания скрывающегося лица.

За последнее десятилетие все чаще встречаются случаи, когда Российских граждан объявляют в международный розыск с целью задержания и последующей экстрадиции, но при этом, самой экстрадиции, в конечном итоге, так и не происходит.
Перед тем, как проанализировать причины невозможности осуществления экстрадиции, следует рассмотреть порядок объявления в международный розыск лиц с целью их выдачи и требования к вышеуказанной процедуре.
For example, after the arrest of the wanted individual, law enforcement agencies are required to approach the court to determine the appropriate measure of detention. It is entirely logical that the court will grant the corresponding motion before receiving the extradition request, as without such measures, the individual might flee and go into hiding (although, theoretically, a lawyer might secure release on bail or a pledge not to leave).

At the same time, information about the detention is transmitted to the National Bureau of Interpol in the requesting country, in this case, the Russian Interpol Bureau, which notifies the relevant law enforcement agencies.

From the moment the "fugitive" is detained, the requesting country has a period of no more than 40 days to submit the extradition request and all accompanying documents (however, in practice, the requesting country can request an extension of this period by up to 40 days). This entire process is accompanied by extensive correspondence between countries.

After receiving the information, the requesting authority must, within 10 days, send the necessary information to the higher law enforcement agencies for review. Following a legal analysis of the submitted documents, the General Prosecutor's Office of Russia (or the requesting country) sends the extradition request to the authorities of the foreign state.

At this stage, after receiving the extradition request, the outcome of the entire multi-step procedure may be at risk.
The procedure for extraditing an individual to the country where the crime was committed is quite lengthy and involves many formalities.
The request must also include complete and objective information about the wanted individual and details about the criminal case, including a brief summary of the unlawful act committed.

After receiving the request, Interpol's National Bureau forwards the "Red Notice" to the General Secretariat of Interpol. The General Secretariat must verify the completeness of the information in the request and allow the National Bureau of the requesting country to provide additional materials if needed.
It is important to note that Interpol (Article 3 of Interpol's Constitution) is prohibited from intervening in political, military, religious, or racial matters, and Interpol strictly adheres to this prohibition.

After reviewing the data, if it meets all the requirements and there is sufficient basis and evidence, the General Secretariat of Interpol will issue an international wanted notice by publishing the information in the database and notifying all National Bureaus of member countries on the day of publication. From that moment, the individual is considered to be internationally wanted.

Upon receiving information about the international wanted notice and the corresponding data, the National Bureaus of member countries are required to notify their law enforcement agencies through available (or specially designated) information systems.

Once law enforcement agencies, for example, in Country A, locate the exact whereabouts of the wanted individual, an operation is prepared for their arrest and actual detention.
Recently, there has been a trend where individuals who have committed significant crimes and wish to avoid punishment attempt to evade criminal responsibility by fleeing abroad. Here, "abroad" is not only mentioned in the context of a foreign country but also as a barrier for law enforcement agencies in carrying out the search and arrest of the fleeing individual.


In the past decade, there have been increasing instances where Russian citizens are placed on international wanted lists with the aim of arrest and subsequent extradition, yet the extradition itself often does not ultimately take place.


Before analyzing the reasons why extradition may become impossible, it is necessary to review the procedure for placing individuals on international wanted lists with the aim of their extradition and the requirements for this procedure.
It is generally recognized that extradition of criminals is a right of a sovereign state, not an obligation. The obligation to extradite can only exist under a relevant international treaty and subject to certain conditions.

The authority responsible for deciding on the extradition request in the requested country (often a court in many European countries) examines the presence or absence of circumstances that exclude extradition. The person against whom the decision to extradite has been made can appeal these actions through legal proceedings.

An analysis of international legislation reveals a number of cases where an individual detained as a result of a search cannot be extradited. The main cases include:
If the requesting country has not provided all the necessary materials and evidence required to fulfill the request
The offense is covered by military law.

The statute of limitations for the crime has expired
The offense for which extradition is requested is considered by the requested country as a political crime or related to a political offense.

It is quite common in practice for the requested country to refuse extradition due to a perceived lack of evidence and grounds.
However, among the listed circumstances, the last three are particularly noteworthy as they are the most frequently encountered in practice.
One of the most common grounds for refusal of extradition is the acquisition of citizenship by the requested individual in the country where they are detained. This is stipulated not only by Article 6 of the 1957 European Convention on Extradition but also by the national legislation of the overwhelming majority of countries.


Political persecution, as previously mentioned, is prohibited even at the stage of international arrest notices. However, if the General Secretariat of Interpol does not recognize the existence of such circumstances according to accepted rules, the individual has a second chance that the requested country might recognize the political motives behind the extradition. In this case, the "fugitive" may even influence the decision by providing their own evidence and arguments.


A significant number of refusals in cases involving Ukrainian citizens are due to the fact that the requested individual or their lawyer successfully demonstrated that the extradition request was motivated by political reasons. These circumstances are closely related to obtaining asylum status, as political persecution is a basis for asylum, and asylum status often serves as a basis for obtaining citizenship (in some countries, for a simplified citizenship procedure).

It should be noted that even if an individual obtains citizenship or has political motives recognized in one country, it does not exempt them from international arrest warrants and extradition when traveling to another country. In this regard, only obtaining political asylum allows for the cancellation of an international arrest warrant, referencing Article 3 of the Interpol Constitution.


Thus, there are grounds to believe that numerous obstacles to extradition can be not only the result of errors by the requesting country but also the result of actions taken by the requested individual and their lawyer in their defense. Such situations often negatively impact the fight against crime but can also be a valid tool for protecting human rights in cases of wrongful criminal prosecution and violations of the right to a fair trial.


The crime committed does not carry a penalty of imprisonment in the country where the individual is located.

The extradition is requested for an individual who is a citizen of the country where they are located.

The requesting country has not provided guarantees against torture, ill-treatment, or the imposition of the death penalty.

  • The individual seeking extradition has been granted asylum.


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