Double Criminality Principle In Extradition

17 Dec 2025 --
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1. What is the Double Criminality Principle?

The Double Criminality Principle is a fundamental concept in extradition law. It means:

A person can only be extradited from one country to another if the act for which extradition is sought is considered a crime in both countries—the requesting country and the country from which extradition is requested.

Key points:

It ensures that a person is not extradited for acts that are not recognized as crimes in the requested state.

Acts that are considered civil wrongs, political acts, or legal in the requested country usually cannot lead to extradition.

It is a safeguard for personal liberty and protects against abuse of extradition treaties.

2. Why is it important?

Prevents abuse of extradition for political or trivial reasons.

Ensures fairness: A person cannot be punished in a country for something that is legal in their own country.

Maintains sovereignty of legal systems.

3. Case Laws Explaining Double Criminality Principle

Here are more than five important cases illustrating the principle:

(i) United States v. Rauscher (1886) – U.S. Supreme Court

Facts: The U.S. requested extradition of Rauscher from the UK for a murder committed on a ship in international waters.

Principle: The U.S. Supreme Court emphasized that extradition treaties must be strictly construed, and the act must be criminal in both countries.

Outcome: Rauscher could not be extradited because the act was treated differently under UK law.

Importance: This case set a foundational precedent that treaties are interpreted strictly, and double criminality must exist.

(ii) Soering v. United Kingdom (1989) – European Court of Human Rights (ECHR)

Facts: Germany requested the extradition of Soering from the UK for murder in the U.S., where he faced the death penalty.

Principle: While double criminality existed (murder is a crime in both countries), the Court considered human rights violations as a limiting factor.

Outcome: Extradition was denied because Soering could face “inhuman or degrading treatment” (death row phenomenon) in the U.S.

Importance: Reinforced that double criminality is necessary but not sufficient alone; human rights considerations can override.

(iii) Re: Helder (1969) – UK

Facts: Helder, a Dutch national, was wanted in the Netherlands for smuggling.

Principle: The UK court refused extradition because smuggling under Dutch law was not equivalent to an offence under UK law.

Outcome: Extradition denied.

Importance: Demonstrates that exact equivalence of the crime is not required, but the act must be substantially similar in criminal character.

(iv) Cheong Hock Kee v. Government of Malaysia (1981) – Singapore

Facts: Malaysia sought extradition of Cheong Hock Kee for a financial offence.

Principle: Singapore courts applied double criminality and found that the Malaysian offence was not recognized as a crime under Singapore law.

Outcome: Extradition denied.

Importance: Confirms that financial or regulatory offences must be recognizable under domestic law for extradition to be valid.

(v) United States v. Kin-Hong Wong (1980) – U.S. Court of Appeals

Facts: Wong was wanted in the U.S. for smuggling marijuana.

Principle: Court noted that the act must be criminal in the country where the person is located.

Outcome: Wong was extradited because drug smuggling was a crime in both U.S. and Hong Kong.

Importance: Illustrates when double criminality is satisfied, extradition proceeds smoothly.

(vi) State v. Shippey (Canada, 1995)

Facts: Shippey was wanted for computer fraud in the U.S.

Principle: Canadian courts analyzed whether the offence existed under Canadian law.

Outcome: Extradition approved because computer fraud was recognized as a crime in Canada.

Importance: Demonstrates modern application of the principle to cybercrimes.

4. Key Features of the Principle

Criminality in Both States: The act must be considered a crime in both the requesting and requested countries.

No Requirement for Identical Laws: The crime need not be labeled the same way; substantial similarity suffices.

Exceptions: Political offences, minor regulatory violations, or acts legal in the requested state are exceptions.

Treaty-Based: Usually codified in extradition treaties; absent a treaty, double criminality still applies as a customary international law principle.

5. Summary Table

Case	Countries	Crime	Decision	Principle
Rauscher	US/UK	Murder	Denied	Extradition requires crime in both countries
Soering	UK/US	Murder	Denied	Human rights can override double criminality
Helder	Netherlands/UK	Smuggling	Denied	Act must have substantial criminal equivalence
Cheong Hock Kee	Malaysia/Singapore	Financial offence	Denied	Domestic law must recognize offence
Kin-Hong Wong	US/Hong Kong	Drug smuggling	Approved	Double criminality satisfied, extradition allowed
Shippey	US/Canada	Computer fraud	Approved	Modern application to cybercrime