Re Rull

EmisorCorte Federal (Venezuela)
Fecha23 Junio 1959
Venezuela, Federal Court.
Re Rull.

Extradition Conditions of Extraditable crimes Requirement of double criminality Effect of non-compliance Extradition Treaty between Spain and Venezuela, 1894 The law of Venezuela.

The Facts.Spain requested the extradition of one Alberto Rull Fernndez, a Spanish national, on charges of fraudulent bankruptcy and absconding with assets. Spain and Venezuela were bound by an Extradition Treaty concluded on January 22, 1894. After consideration of the request had been delayed for three years because of certain irregularities in its form, it came before the Federal Court. On behalf of the accused, it was argued that extradition should be denied because the offences charged were not known to Venezuelan law, and therefore the extradition request violated the principle of double criminality.

Held: that extradition must be denied. Extradition would be granted only for offences recognized as such in the criminal law of both the requesting and the asylum State.

The Court, after reviewing the facts, said: It appears from an examination of the documents accompanying the request for extradition that the accused is charged with fraudulent bankruptcy and absconding with assets (Article 519 of the Spanish Penal Code). These offences are similar to the offences comprehended in Article 918 of our Commercial Code and Article 342 of the Penal Code. The Procurator, in his report to the Court on this case, states that the constitutive elements of the offence of fraudulent bankruptcy under the Spanish Penal Code are absconding with the assets of a debtor, or concealment or removal thereof, with the intention of impairing the resources which may be available to his creditors. Article 918 of our Commercial Code...

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