The The non-extradition or discretionary extradition of national citizens

Analysis of the implementation of the principle called aud dedere aut dudicare

Abstract

The international judicial cooperation, as a fundamental tool of the States’jurisdictional bodies, structured to face modern criminality, has turned into a mandatory subject of international judicial politics. Fortunately, the international community has decided to face contemporary international crime and, forcibly minimized the problems related to the functional, administrative and operational activities of competent authorities in charge of criminal prosecution and sanction. The extradition intends to eliminate space restrictions that limit the course of penal proceedings against a defendant or the execution of a sentence against a convict. This article was written with a deductive method, quantitative approach of descriptive type, and tries to demonstrate that, in spite of the States’ judicial willingness, extradition remains endangered –in certain cases- by normative barriers or ideological reservations, in this case, due to the extraditurus’ nationality. This investigation aims to study the effectiveness, usefulness and applicability of the principle called aut dedere aut judicare and, the Principle of Criminal Law by Representation or Supplementary Justice –that justifies the application of criminal law to crimes committed out of the national territory, in compliance with the territorial validity of criminal law-, in order to avoid impunity, in cases of rejection or denial of extradition, for nationality reasons, using as sample the current national and international normative of Mercosur member countries.