With which countries does Mexico have extradition treaties?
Hi, Penny. Greetings from Mexico.Mexico has extradition treaties with most of the important governments, I would say with all of the first world and Latin America.According to the Supreme Court of Justice, Mexico has celebrated 36 extradition treaties, all involving Latin America I'm general, even with Cuba.In North America we have treaties with Canada and the US.In Europe, treaties with the UK, Ireland, Spain, Italy, France, etc.We also have treaties with China, Korea and Australia. Oh and India.Overall, Mexico has a vast number of treaties, because we are active members of international organizations and conventions. And everyday we keep signing more and more, haha. My law professors say that Mexico will sign anything that is put in front of its governors.
What does waiving extradition mean?
When a person charged and wanted in one jurisdiction on an outstanding arrest warrant absconds to another jurisdiction, whether between U.S. States under the Extradition Clause of the United States Constitution (Canada has “Canada-wide warrants” under s.703(1) of the Criminal Code for when law enforcement suspects the wanted person has absconded to another Province) or under the Treaty on Extradition Between the Government of Canada and the Government of the United States of America, there is an additional step involved, which essentially is the legal process whereby the jurisdiction wherein the accused is found is handed back to the jurisdiction which wants the accused. Often the wanted individual is accused in several jurisdictions, and who gets the accused first becomes a legal issue.“Waiving extradition” is a colloquialism referring to the accused formally seeking to divest himself or herself of his or her rights to constitutional and other legal protections under these laws. Dumb, stupid move for any criminal to prejudice his defense with, but sometimes such waivers are used as tactics in a strategic attempt on the part of the criminal to secure leniency.
What's the reasoning behind France's law forbidding legal extradition of its citizens abroad?
Extradition is not something which happens unless there is a law forbidding it. Extradition from one country to another can only legally happen when there is an extradition treaty between those two countries. Extradition treaties have limitation clauses, most often to say that people cannot be extradited for political reasons. Not allowing extraditions to countries which refuse to ban the death penalty is also a common exclusion. Basically, countries which fail to guarantee the human rights of those being extradited tend to find it harder to obtain extraditions.Like some other countries, French extradition treaties do not allow people who have French citizenship to be extradited from France to other countries. Roman Polanski has French citizenship which is why he can't be extradited out of France. There's nothing special about France in this (as you note in the question).This practice dates from ancient times, at least since the Roman Empire and probably ancient Greece, and certainly was around during the Reformation when religious persecution of Protestants in Catholic countries and vice-versa was rife. Standards of justice varied widely from one country to another, and protecting citizens from extradition was a way of guaranteeing them the standard of justice they were used to. In addition, of course, international travel was expensive and inherently dangerous.So, I think the answer to your question is that this practice of excluding a country's own citizens from extradition comes from the past, and in the past there were sound reasons for it.
I got charged with possession of methamphetamine in California. I'm going back to Arizona, will I be extradited for that charge?
Perhaps you will.It is overwhelmingly likely that you will be hit with a bench warrant if you do not show up in California, and it is near-certain that your warrant will be entered as a UFAP (18 U.S.C. § 1073) if the court thinks you may have absconded out of state.When you next interact with police, they may check the database. If they do, you will go to jail and you will sit there until the holding jurisdiction hears from the requesting jurisdiction that they are either coming to get you or they don’t think you’re worth the trouble.If they come to get you, you will sit in jail in the requesting jurisdiction until your case is dealt with or until the jailer needs your bed for someone else.If they DON’T come to get you, the holding jurisdiction will release you — and the next time you interact with a police officer, you will repeat this process.As always, this is not legal advice, and no Attorney-Client relationship exists nor should any be inferred. Consult an attorney licensed to practice in your jurisdiction to get legal advice.
What if I had a parole warrant for the state of Texas and I wanted to leave the country, where could I go, and could I be extradited back to Texas?
Going anonymous for obvious reasons. In 2013, I absconded from New York State parole. I flew out of the US on a commercial flight with an active parole warrant. I now live in Ecuador. Since coming to Ecuador, I've traveled to Colombia, Panama, Venezuela, Spain, Turkey, Hong Kong, and mainland China. I've never been stopped at a customs/immigration point or even questioned for being a parole absconder.International extradition warrants stem from a crime. A parole violation is in a legal grey area. It's basically the legal equivalent of breaching a contract between you and your parole officer promising to show up to your weekly meetings.No foreign country will even entertain the notion of extraditing a person where there is no crime present. And no, your original charge doesn't count since you've already been convicted and released from prison. Also, US customs and immigration only stamp passports for people entering the United States. They do not give exit stamps, so unless you're on some sort of no-fly list (which they only put you on if you do something super crazy like plant a bomb in a public place), you don't have to worry. The only thing you do need to worry about is if you return to the US, your name will be run through NCIC when you pass through airport immigration and you can be extradited from another state (for example, your warrant is from Texas and you fly into New York). In other words, get out of the US and you are free. Happy travels, my friend!
Is Narcos a true story?
Yes, narcos is based on a real life story but the Netflix series has been fictionalised, nonetheless it is very close to the life of Pablo Escobar. Spoilers ahead:) Murphy comes much later in the actual story ,also there is no inspector Carrillo in the crackdown of the cartel.
If President Xi Jinping asks the US to hand over corrupt Chinese officials who have fled to the US, then should the US ask China to hand over hackers who have hacked into US government and corporate servers to steal data?
Both governments will say, "show me the evidence and I will cooperate with you."China will show evidence of bribery - "here is the email Suspect X soliciting bribes. Here is the money transfer which can't be explained by his normal income. Here is the testimony from those who paid bribes..." No problem.The US will show evidence of suspected hacker Y - "here is the algorithm of our secret tracing program which bypasses encryption. Here is our secret backdoor on your hardware. Here is our database of your operatives, obtained by our spy, so that we can match a digital fingerprint to a real person in China. Here is our secret surveillance data on this person, obtained by our spies in Beijng on April 16th at 11pm from room 1608 in Hotel Continental..." - really???What do you think?! Duh.