Re Fasano

Fecha05 Marzo 1958
EmisorCorte Federal (Venezuela)
Venezuela, Federal Court.
Re Fasano.

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:

Article 1

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.

Article 2

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 imprisonment for a term of not less than one year.

Article 9

Extradition shall be granted in virtue of a certificate of conviction or a warrant of arrest or any other paper having the effect of a warrant, stating the nature and degree of gravity of the offence and the provisions of the criminal law which have been or may be applied.

The originals or certificated copies of the papers in question shall be forwarded in the form prescribed by the laws of the State making application, together with a copy of the text of the laws which have been or may be applied.

Thus far, the extradition request before us appears to conform to the requirements of the Treaty. Consider, however, the last part of Article 9: Extradition shall be effected in accordance with the law of the State applied to. Given this provision, the question before us is whether the essential requirements of Venezuelan law have been complied with in the present case. In the first place, according to Article 35 of the Constitution,

The inhabitants [i.e., both nationals and aliens] of Venezuela are guaranteed:

2. Liberty and personal security...

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