ABOUT THE RIGHTS OF THE CONDEMNED FOREIGN CITIZENS AT THEIR EXTRADITION
Journal: PENAL LAW
Volume 12 № 4
, 2017
Rubrics: LEGAL STATUS OF CONVICTED PERSONS
Authors:
1.
Akademiya FSIN Rossii
Type:
Article
Pages:
from 390
to 393
Status:
Published
Received:
19.12.2017
Accepted:
19.12.2017
Published:
19.12.2017
Subject area:
UDK 341.44
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
foreign to the citizen, convicts, correctional facilities, extradition, foreign state, crime, sentence
Abstract (English):
The subject of ensuring human rights in places of detention owing to restrictions of features of his legal status always was relevant. Still more it concerns the migrants who are in these places. Delivery of the criminal acts as one of such subjects (extradition). The specifics of this type of legal aid consist that the country to which the request for delivery comes aims to assist the foreign state (the requesting party) in implementation of her right for condemnation and punishment of the criminal who has broken his criminal laws, but at present being in the territory of the required country. For this purpose the required party (in the presence for this purpose legal basis and lack for this purpose of obstacles) agrees to solve query about delivery. At observance of a number of conditions the criminal is delivered to the requesting party.Questions of transfer of the condemned foreign citizens to the countries of their nationality have to be in more detail taken up in the criminal and executive legislation. In particular, have to find the place in him: the right of the convict for appeal to the court about his transfer home; the right for the appeal of the negative conclusion of the Prosecutor General of the Russian Federation or his deputy about the satisfaction of the petition of the convict for transfer.It is obviously necessary to enshrine in article 73 of the Penal Code of the Russian Federation the provision that convicts - citizens of the foreign states serve criminal penalty in the form of imprisonment in the specialized isolated sites of correctional facilities.
The subject of ensuring human rights in places of detention owing to restrictions of features of his legal status always was relevant. Still more it concerns the migrants who are in these places. Delivery of the criminal acts as one of such subjects (extradition). The specifics of this type of legal aid consist that the country to which the request for delivery comes aims to assist the foreign state (the requesting party) in implementation of her right for condemnation and punishment of the criminal who has broken his criminal laws, but at present being in the territory of the required country. For this purpose the required party (in the presence for this purpose legal basis and lack for this purpose of obstacles) agrees to solve query about delivery. At observance of a number of conditions the criminal is delivered to the requesting party.Questions of transfer of the condemned foreign citizens to the countries of their nationality have to be in more detail taken up in the criminal and executive legislation. In particular, have to find the place in him: the right of the convict for appeal to the court about his transfer home; the right for the appeal of the negative conclusion of the Prosecutor General of the Russian Federation or his deputy about the satisfaction of the petition of the convict for transfer.It is obviously necessary to enshrine in article 73 of the Penal Code of the Russian Federation the provision that convicts - citizens of the foreign states serve criminal penalty in the form of imprisonment in the specialized isolated sites of correctional facilities.
Keywords:
foreign to the citizen, convicts, correctional facilities, extradition, foreign state, crime, sentence
foreign to the citizen, convicts, correctional facilities, extradition, foreign state, crime, sentence
1. .
