Double Criminality
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Double Criminality
Double criminality, or dual criminality, is a requirement in the extradition law and international prisoner transfers of many countries. It states that a suspect can be extradited from one country to stand trial for breaking a second country's law only if a similar law exists in the extraditing country, and that any crime in any sentencing country must also be a crime in any other country to receive any internationally transferred prisoners. If Country A has no laws against blasphemy, for example, a lack of double criminality could prevent a suspect from being extradited from Country A to face blasphemy charges in another country, i.e. no outbound extradition from Country A, and neither are citizens of Country A eligible for international prisoner transfers from another country having criminally convicted them for blasphemy, i.e. no inbound prisoner transfer to Country A. European Union In accordance with Article 2(2) of the European Council Framework Decision 2002/584/JHA, the ...
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Extradition
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction. In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. Between countries, extradition is normally regulated by t ...
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Public-order Crime
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs. Robertson (1989:123) maintains a crime is nothing more than "an act that contravenes a law". Generally speaking, deviancy is criminalized when it is too disruptive and has proved uncontrollable through informal sanctions. Public order crime should be distinguished from political crime. In the former, although the identity of the "victim" may be indirect and sometimes diffuse, it is cumulatively the community that suffers, whereas in a political crime, the state perceives itself to be the victim and criminalizes the behaviour it considers threatening. Thus, public order crime includes consensual crime and victimless crime. It asserts the need to use the law to maintai ...
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Criminal Offence
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Foreign Affairs Manual
The ''Foreign Affairs Manual'' (FAM) is published by the United States Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ... and can be accessed on the department's website. It contains the functional statements, organizational responsibilities, and authorities of each of the major components of the department. Together, the manual comprise the basic organizational directive of the department. References External links * Legal literature United States Department of State United States Department of State publications {{US-gov-stub ...
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Non-refoulement
Non-refoulement () is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion". Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on certain category of persons, non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales. It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol. It is also a principle of the trucial law of nations. It is debatable whether non-refoulement is a ''jus cogens'' of international law. If so, international law would permit no abridgments for any purpose or under any circumstances. The debate over t ...
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People's Republic Of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and borders fourteen countries by land, the most of any country in the world, tied with Russia. Covering an area of approximately , it is the world's third largest country by total land area. The country consists of 22 provinces, five autonomous regions, four municipalities, and two Special Administrative Regions (Hong Kong and Macau). The national capital is Beijing, and the most populous city and financial center is Shanghai. Modern Chinese trace their origins to a cradle of civilization in the fertile basin of the Yellow River in the North China Plain. The semi-legendary Xia dynasty in the 21st century BCE and the well-attested Shang and Zhou dynasties developed a bureaucratic political system to serve hereditary monarchies, or dyna ...
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Communist Party Of China
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and sole ruling party of the People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victorious in the Chinese Civil War against the Kuomintang, and, in 1949, Mao proclaimed the establishment of the People's Republic of China. Since then, the CCP has governed China with eight smaller parties within its United Front and has sole control over the People's Liberation Army (PLA). Each successive leader of the CCP has added their own theories to the party's constitution, which outlines the ideological beliefs of the party, collectively referred to as socialism with Chinese characteristics. As of 2022, the CCP has more than 96 million members, making it the second largest political party by party membership in the world after India's Bharatiya Janata Party. The Chinese public generally refers to the CCP as simply "the Party". In 1921, Chen Duxiu and Li Da ...
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Fugitive Offenders And Mutual Legal Assistance In Criminal Matters Legislation (Amendment) Bill 2019
The Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 () was a proposed bill regarding extradition to amend the Fugitive Offenders Ordinance () in relation to special surrender arrangements and the Mutual Legal Assistance in Criminal Matters Ordinance () so that arrangements for mutual legal assistance can be made between Hong Kong and any place outside Hong Kong. The bill was proposed by the Hong Kong government in February 2019 to establish a mechanism for transfers of fugitives not only for Taiwan, but also for Mainland China and Macau, which are currently excluded in the existing laws. The introduction of the bill caused widespread criticism domestically and abroad from the legal profession, journalist organisations, business groups, and foreign governments fearing the erosion of Hong Kong's legal system and its built-in safeguards, as well as damage to Hong Kong's business climate. Largely, this fear is attributed to Chin ...
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Public Security
Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensure the protection of citizens, persons in their territory, organizations, and institutions against threats to their well-being, survival, and prosperity. The public safety issues that a municipality, county, regional, or federal jurisdiction may handle include crimes (ranging from misdemeanors to felonies), structure fires, conflagrations, medical emergencies, mass-casualty incidents, disasters, terrorism, and other concerns. Public safety organizations are organizations that conduct public safety. They generally consist of emergency services and first responders such as law enforcement, fire services, emergency medical services, security forces, and military forces. They are often operated by a government, though some private public safe ...
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Mutual Recognition Agreement
Mutual recognition occurs when two or more countries or other institutions recognize one another's decisions or policies, for example in the field of conformity assessment, professional qualifications or in relation to criminal matters. A mutual recognition agreement (MRA) is an international agreement by which two or more countries agree to recognize one another's conformity assessments, decisions or results (for example certifications or test results). A mutual recognition arrangement is an international arrangement based on such an agreement. Countries involved in the agreement can designate for the scope of the agreement Conformity Assessment Bodies (CAB), laboratories and inspection bodies. MRAs have become increasingly common since the formation of the World Trade Organization in 1995. They have been forged within and among various trade blocs, including APEC and the European Union. MRAs are most commonly applied to goods, such as various quality control MRAs. However, the ...
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Countries
A country is a distinct part of the world, such as a state (polity), state, nation, or other polity, political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, while the country of Wales is a component of a multi-part sovereign state, the United Kingdom. A country may be a List of former sovereign states, historically sovereign area (such as Korea), a currently sovereign territory with a unified government (such as Senegal), or a non-sovereign geographic region associated with certain distinct political, ethnic, or cultural characteristics (such as the Basque Country (greater region), Basque Country). The definition and usage of the word "country" is flexible and has changed over time. ''The Economist'' wrote in 2010 that "any attempt to find a clear definition of a country soon runs into a thicket of exceptions and anomalies." Most sovereign states, but not all countries, are memb ...
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