Re Vargas Chacón

JurisdicciónVenezuela
EmisorSupreme Court (Venezuela)
Número de expedienteCase No. 83
Fecha10 Agosto 1950
Venezuela, Supreme Court.
Case No. 83
In re Vargas Chacón.

Extradition — Conditions of — Absence of Extradition Treaty — Bustamante Code — The Law of Venezuela.

The Facts.—This was a petition by the Criminal Court of First Instance, pursuant to the provisions of the Code of Criminal Procedure, for a decision by the Supreme Court on the question whether or not a request should be made to the Mexican authorities for the extradition of Félix Vargas Chacón, a Venezuelan citizen detained in the City of Mexico. Vargas had been indicted and an order for his detention had been issued in Venezuela on the charge of criminal fraud in violation of Article 464 of the Penal Code.

Held: that a request for the extradition of the accused should be made to the Government of the Republic of Mexico. The Court found that the indictment and order of detention conformed to the requirements of Venezuelan law; that criminal fraud was an extraditable offence under the norms of international law; and that the request for extradition will properly be made, even though there was no special treaty on the subject between Mexico and Venezuela, on the basis of reciprocity as well as under Article 344 of the [Bustamante] Code of Private International Law (enacted by the Havana Convention on International Law of February 13, 1928, to which both countries were parties), providing for the delivery of persons convicted or indicted for common crimes.

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