Extradition requires a treaty

Extradition is only possible on the basis of an extradition treaty, e.g. the treaty between the Kingdom of the Netherlands and the United States of America regarding extradition of delinquents. The appendix to the treaty lists facts that are considered as matters for which extradition can be requested. In addition, the treaty provides for a possibility of extradition in case of matters that are punishable according to the federal laws of the United States and the laws of the Kingdom of the Netherlands Antilles. Requests are executed through diplomatic channels.

As a legal entity cannot be imprisoned, extradition can only concern natural persons. However, article 53, subsection 2 of the Penal Code of the Netherlands Antilles provides that if an offence has been committed by a legal entity, the following persons can in principle be prosecuted: the legal entity itself and/or those who gave instructions for the act (i.e. actual involvement) or who actually directed it (i.e. passive involvement).

The latter category of passive involvement in any case applies if the relevant officer, even though being authorized and reasonably obliged to do so, omits to take measures to prevent the criminal behaviour and knowingly accepts the realistic risk that the criminal behaviour will occur.

Karel Frielink
Attorney (Lawyer) / Partner

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