Re Hamburger

JurisdicciónVenezuela
EmisorCorte Federal (Venezuela)
Venezuela, Federal Court.
Re Hamburger.

Extradition — Procedure of — Requirement that request be accompanied by warrant for arrest of fugitive — Passive extradition — The law of Venezuela.

The Facts.—The Solicitor to the Ministry of Finance filed an action against Siegmund Hamburger, who was travelling on a United States passport, for failure to declare ten diamond rings and to pay the duty thereon. On learning that the accused had left for Colombia, the trial Court petitioned the Federal Court to institute proceedings with a view to his extradition from Colombia.

Held: that there were no grounds for instituting extradition proceedings.

The Court said: “An examination of the record before us indicates that neither the trial Court nor the Tribunal Instructor has issued a warrant for the arrest of the accused. The trial Court's petition to us requesting that extradition proceedings be instituted is based on an order issued by the Juez Instructor on February 19, 1959, which concludes with the following statement:

But no...

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