Re Bettarel

EmisorCorte Federal (Venezuela)
Fecha16 Marzo 1960
Venezuela, Federal Court.
Re Bettarel and Others.

Extradition Conditions of Extradition in absence of treaty Determination of whether offence is extraditable by reference to general principles of international law and extradition treaties with third States The law of Venezuela.

The Facts.The Federal Court was requested by a Judge of First Instance in Criminal Matters of the Judicial District of the Federal District of Miranda State to institute proceedings with a view to the extradition from Haiti of Orlando Bettarel and Renzo Dalia Nova on charges of swindling. Both fugitives were being provisionally detained in Haiti pending receipt of the formal extradition request. There was no extradition treaty between the two States.

Held: that extradition should be requested. In the absence of an extradition treaty between the interested States, an extradition request may proceed in accordance with the general principles of international law governing extradition.

The Court said: The fugitives, Orlando Bettarel and Renzo Dalia Nova, are charged with swindling (estafa), an offence which is defined in Article 464 of the Penal Code as follows:

Any person who seeks by any kind of artifice to deceive or to mislead another, inducing same to error or obtaining for himself or another unjust enrichment at the expense of same, shall be punished by imprisonment from five to twenty months. The prison term shall be increased to from six to thirty months if the offence has been committed: (1) by an attorney or by a procurator or administrative officer in the execution of his official function; (2) so as to cause a loss or harm to a public agency, institution, or welfare authority; (3) under the pretext of obtaining exemption from military service for another person.

As there are several charges of swindling against the accused, Article 88 of the Penal Code is applicable to the instant case:

Where a person is found guilty of two or more offences, each of which is punishable by a term of imprisonment, the penalty corresponding to the most serious offence shall be imposed, and to this penalty there shall be added one half of the term of imprisonment provided for the other offence or offences.

The case before us is governed by the following articles of the Code of Criminal Procedure:

Article 389: Extradition shall be requested where the offence charged constitutes an extraditable offence according to the terms of public treaties or of international law and where the competent court of...

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