Re Rossi

Fecha08 Febrero 1957
EmisorCorte Federal (Venezuela)
Venezuela, Federal Court.

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 authenticated copies in the form required by the laws of the requesting State and must be accompanied by the texts of the laws which were applied or are applicable to the charges, and, if possible, by a description of the fugitive as well as other data which can be used for purposes of identification.

“‘The extradition request and accompanying documents must be drawn up in the language of the asylum State.

“‘Extradition shall be granted in conformity with the laws of the asylum State.’

With regard to the last part of the above Article, it must be emphasized that the asylum State is under an obligation to make sure that the...

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