Practice question
The underlying conduct is criminal in both States when the requesting papers are sent, but dual criminality is absent when the Philippines receives the request. The treaty contains no different timing rule. Counsel says the sending date alone necessarily satisfies Rule 1, Section 5. Which is correct?
- The sender may choose any date unilaterally
- Only the date of the next hearing ever matters
- Absent a different treaty rule, dual criminality must exist at receipt of the extradition request.
- Dual criminality is never required
- Every offense becomes extraditable when mailed
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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