Re Fernando Benet

EmisorCorte Federal (Venezuela)
Número de expedienteCase No. 225.
The Federal Court of Venezuela and the Court of Cassation in its Federal Capacity.
Case No. 225.
In re Fernando Benet.

Extraditable Crimes — Customary International Law in the Absence of Treaty — Prosecution for Embezzlement.

The Facts.—The Government of the Argentine Republic requested the Venezuelan Government to extradite Fernando Benet, prosecuted in Buenos Aires for embezzlement, punishable by the law of Argentine by an imprisonment of at least one month. There was no treaty between Venezuela and Argentine.

Held: (a) There being no treaty between the two States, the rules of customary International Law should be resorted to.

(b) It was a generally admitted doctrine of Public International Law that crimes for which extradition must be granted are crimes of a serious character and grave consequences...

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