Wydanie sprawcy przestępstwa a międzynarodowe akty prawne

Abstract

The article presents the problem of extradition in light of various kinds of legal acts pertaining to this issue. It also points out the importance of such acts for the extradition of criminals, and shows differences between extradition and deportation through emphasizing the administrative, rather than criminal, character of the latter. The article presents the role of the European Convention on Extradition (concluded in 1957 with the task of harmonizing extradition procedures) especially in the EU countries, where it became the basis for the introduction of a relevant directive. The problem of implementing international legal norms under various former Polish constitutions was also taken into account. The article indicates that human rights considerations, especially such as the European Convention on Human Rights Protection, had been important for modern national acts pertaining to extradition. The states which ratified the Convention became bound to adjust their legal systems accordingly to its provisions. Such an adjustment normally affects all areas of life in the state, including extradition. The article indicates that human rights do not provide protection for criminals. These rights only secure humanitarian treatement of such persons. In the light of such considerations the article presents some worth while aspects of extradition detention. The overal conclusion of the article is that at present, the international harmonization of national regulations pertaining to extradition is one of the most important objectives of the national legislative authorities.