Practice question
A request concerns several offenses. Some are punishable by deprivation of liberty below one year, but all are criminal in both States and at least one offense is extraditable. The applicable treaty allows accessory extradition. Counsel says the short-penalty offenses can never accompany surrender. Which rule applies?
- Accessory extradition is never recognized
- Rule 1, Section 7 permits accessory extradition in the stated setting, subject to treaty allowance.
- Every uncriminalized act must also be included
- The treaty’s permission is legally irrelevant
- Shorter penalties automatically acquit the extraditee
Legal references
- Rules on Extradition Proceedings, A.M. No. 22-03-29-SC, April 8, 2025, Rules 1-2: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/100128
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