Re Rossi
| Jurisdiction | Venezuela |
| Date | 08 February 1957 |
| Court | Federal Court (Venezuela) |
Re Rossi.
Extradition — Procedure of — Request for Extradition — Necessity for Conformity with Procedure of Requested State — The Law of Venezuela.
The Facts.—Italy requested the extradition of Giacomo Rossi Bruno on charges of misappropriation of funds while he was a cashier at the Bank of Naples. The requesting State invoked the Treaty of Extradition and Judicial Assistance in Penal Matters with Venezuela of August 23, 1930. The petitioner denied the charges, stating that he had come to Venezuela voluntarily for business purposes. He also challenged the form of the extradition request.
Held: that extradition must be refused. Extradition would not be granted where the request did not conform with the requirements laid down in the law of the asylum State.
The Court said: “Article 6, paragraph 2, of the Venezuelan Penal Code provides that
“‘a request for the extradition of an alien charged with common crimes may only be granted by the competent authorities acting in pursuance of the requirements established in treaties to which Venezuela is a party and which are in force, or, in the absence of same, in accordance with the provisions of Venezuelan law.’
It follows, then, that the present proceedings are governed by the terms of the Treaty of Extradition and Judicial Assistance in Penal Matters concluded with Italy on August 23, 1930, which Treaty is now in force. According to Article 9 of this Treaty,
“‘The nature and gravity of the charges upon which the extradition request is based and the statement of the penal law which has been applied or is applicable thereto must be substantiated by proof that the fugitive has been found guilty of said charges or that a warrant or equivalent order has been issued for his arrest.
“‘The documents to which reference is made must be submitted in their original form or in...
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