The Plenary of the Spanish National Court has notified us the Order in which, definitively, they have denied the extradition to Russia of our client.
This passive extradition was initially required by the Russian authorities in Italy. There we managed to get the Italian Court to issue the negative decision due to the risk of political persecution and lack of guarantees in the claimant country.
Months later, in Spain, faced with a new extradition procedure initiated by the same international arrest warrant, we managed to get the Criminal Chamber of the National Court to proceed to recognize the Italian Judgment in its entirety.
Subsequently, after the appeal filed by the Prosecutor’s Office, we have succeeded in getting the Plenary of the Spanish National Court of Spain to reaffirm the sentence, therefore denying the extradition definitively.
The peculiarity and relevance of the resolution that we have achieved in Kvasnevska & Partners consists in the recognition of the principle “non bis in idem” at the European level in the extradition procedure, despite the absence of such mutual recognition of “res judicata” in the extraditional matter.
PASSIVE EXTRADITION
The Passive Extradition procedure is a tool for international legal cooperation, in which the innocence or guilt of the defendant is not judged. And if so, the recognition of “res judicata” would not be applied in the same way as in ordinary criminal proceedings.
However, since in our case these are fundamental guarantees, such as the prohibition of political persecution or the risk of being subjected to inhuman and degrading treatment, the adequate argumentation of the defense and the work of the Spanish National Court in this matter. They have made it possible to apply the principles of mutual European recognition to matters of extradition.
In this way, at K&P Abogados we have managed to definitively deny the second extradition attempt of our client by Russia.
If you need defense in the extraditional procedure in Spain, do not hesitate to contact us.
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