Practice question
Two treaty partners criminalize the conduct alleged in a request but use different offense names. The conduct satisfies both laws. Does different terminology alone defeat dual criminality?
- Yes, titles must match
- Yes, all elements must be worded identically
- Only if the extraditee objects
- No, the underlying conduct is controlling under the rule
- No, even if the conduct is lawful here
Legal references
- AM 22-03-29-SC, April 8, 2025, Rule 1, Section 5: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/100128
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