Re Fasano
| Jurisdiction | Venezuela |
| Court | Federal Court (Venezuela) |
| Date | 05 March 1958 |
Extradition Procedure of Extradition Treaty between Italy and Venezuela, 1930 Necessity for compliance with law of State applied to The law of Venezuela.
The Facts.The Italian authorities requested the extradition of Edmund Fasano, an Italian national, on charges of fraudulent bankruptcy or bankruptcy due to mismanagement. Italy and Venezuela were bound by a Treaty of Extradition and Judicial Assistance, signed on August 23,1930.1
Held: that extradition must be refused. The extradition request must comply with the requirements of the law of the State to which application is made.
The Court said: The Extradition Treaty which is in force between Venezuela and Italy contains the following provisions:
The High Contracting Parties undertake to seek, arrest and surrender to each other any persons who are being proceeded against or have been convicted by a competent judicial authority of one of the two countries for any of the offences in the following Article, and who may be in the territory of the other Party.
Extradition shall be granted in respect of those guilty, as principals or accomplices, of ordinary offences for which they have been sentenced to imprisonment in any form for a term of not less than six months,[1] or which, under the laws of the State making the application, are punishable with...
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