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Extradition Article: Part 2. Conditional Requirements

Contact: Awatif Khouri; Al Rowaad Advocates & Legal Consultants (United Arab Emirates)

As per Federal Law No. 39 of 2006 governs the extradition of criminals. Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that:

- The crime must be considered an offense, be punishable in both countries and punishment must be imprisonment

- The crime that is the subject of extradition must be punishable under the law of the country requesting extradition (Requesting Country) with a sentence of at least one year where investigations have already been carried out

- 2 countries must have the same treatment towards each other for e.g. two countries can agree to exchange criminals or receive criminal’s at a later date from the other country

- If a criminal’s remaining sentence is less than 6 months in prison the UAE will not give him back to the requesting country

- If the criminal has a judgment against him the sentence must be at least 6 months, in order for the requesting country to have the criminal back

- Where a criminal escapes from prison e.g. comes to the UAE, the UAE will only give him back where he has 6 months or more imprisonment to complete

- Where a criminal commits more than one crime, and only one of them fits the criteria for extradition, it will be enough to send the criminal back to his country Cases where the UAE will not deliver a suspect of extradition under any circumstances are;

- In certain cases of crimes related to military services

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