Re Bettarel
Jurisdiction | Venezuela |
Date | 16 March 1960 |
Court | Federal Court (Venezuela) |
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...
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