Re Dilasser [Venezuela, Federal and Cassation Court.]

JurisdicciónVenezuela
EmisorCorte Federal (Venezuela)
Número de expedienteCase No. 83
Venezuela, Federal and Cassation Court.
Case No. 83
In re Dilasser.

Extradition — Conditions of — Principle of Speciality — The Law of Venezuela — The Bustatnante Code.

The Facts.—On March 27, 1951, the Federal and Cassation Court authorized the extradition to France of Henri Auguste Dilasser, a French national, and Alexis Belostoski, a native of Russia.1 The French authorities now requested that Venezuela permit the revision of the charges against Dilasser, so that he might be tried for an offence distinct from that on which extradition had been based. The earlier charges against Dilasser and Belostoski were of swindling and being an accessory thereto. The revised charge against Dilasser was one of swindling and fraud. In the absence of an extradition treaty between Venezuela and France, extradition was granted earlier on the basis of reciprocity.

Held: that revision of the charges contained in the extradition request must be refused. A person may be tried only on the charges which form the basis of the extradition request, unless there is specific agreement to the contrary. The Court said in part:

“In certain treaties, such as those concluded with Italy and Brazil, among others, Venezuela has agreed that the parties may request the extension of the charges upon which extradition was originally conceded; however, such extension has been subject to conditions established in the respective Treaties. There is no extradition treaty between Venezuela and France. The one which was signed at Caracas on May 23, 1853, and ratified in 1856, was denounced and terminated in November 1870; furthermore, it did not include specific provisions concerning the extension of extradition.

“Given this situation, we must now examine the principles of international law governing the subject under consideration. There is a rule, dominant in doctrine, in international practice, and as a principle vigorously defended by publicists, that a person may be tried only for the offence for which he was extradited unless it has been agreed otherwise. Nor may a person be tried for other offences...

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