تسليم المجرمين كإحدى آليات التعاون القضائي الدولي في المسائل الجنائية

الملخص EN

The international judicial cooperation in criminal matters has multiple forms.

Among the latter, the most important is the mutual legal assistance between different countries in the field of investigation.

This is actualized through possession of the important documents and evidences.

Also, it covers the detention of suspects and hearing of their testimonies.

The frisking of the suspicious people and their homes are among the procedures of international judicial cooperation.

Extradition is one of the most important forms of mutual legal assistance in criminal matters.

It is related to the rendition of accused or convicted people to be prosecuted or penalized.

Therefore, most international agreements obligate all countries to provide the mutual assistance in criminal matters in general, and in extradition in particular.

Most countries conclude dual agreements for strengthening the mechanisms of international judicial cooperation.

These mechanisms are based on the principle stipulated in the international law (reciprocity).

The present research sheds light upon the role played by honorable Islamic Sharia for scheming the mutual assistance forms related to extradition and reciprocity within the broad framework of respect to human rights.

Moreover, it highlights mechanisms for settlement of disputes between the collective and dual international agreements on rendition.

It describes the controls governing the enforcement of national laws within the international agreement.

Further, it indicates the cases of rendition, the conditions of rendition and the circumstances that forbid the rendition.

The researcher depends on the Emirati law No (39) of the year 2006 on international judicial cooperation in criminal matters.

This law is considered the most prominent law concerning extradition.