Extradition and International Cooperation Peru

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Extradition and International Cooperation Peru

Extradition and international cooperation includes the collaboration of states in the delivery of a criminal to the judicial authorities.

In these terms, Peruvian legislation is inserted into the international current of the fight against crime, which although it is not a recent issue but, on the contrary, of ancient date in relation to international cooperation, as will be detailed. extradition

International cooperation

The following are understood to be Acts of International Judicial Cooperation, without prejudice to the provisions of the Treaties:


This term is defined by the Supreme Executive issued in File No. 69-2013-La Libertad No. 69-2013-La Libertad (Permanent Criminal Chamber) in the following sense: “…extradition must be understood as a procedure through the which the requested State delivers an individual who is within its territory and who has the status of being prosecuted or convicted of a common crime, by the requesting or requesting State, by virtue of a treaty, or, in the absence of this, in application of the principle of reciprocity, so that he is placed at the disposal of the competent judicial authority and is criminally prosecuted or so that the sentence imposed is served and executed…”

Legal assistance

So, we have that the Peruvian legal system, in accordance with international guidelines, allows people who avoid responsibility for acts constituting crimes in their homeland or in another state, to be returned to it for trial or compliance with their sentence and that, although it is true that the treaties are relevant, they are not essential because in substitution the principle of reciprocity governs, that is, that it is delivered to the requested party so that later the State to which it was delivered does the same when circumstances demand it.

So then we have that, extradition only refers to common crimes, if it is seen that it is a persecution for their ideas or political position, this legal institute does not proceed.

Furthermore, what is significant about this procedure is that at all times the human rights and, therefore, the dignity of the subject who is being extradited must be respected.

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Wendy Dávila

Wendy Dávila Bendezú

Abogada española por la Universidad de Alcalá de Henares, Madrid. Realizó estudios de Administración Pública en la Universidad de Gotenburgo, Suecia. En el Perú estudió Derecho en la Universidad San Martín de Porres. Trabajó en el Poder Judicial de Gotemburgo en el área de Derecho Concursal. Experiencia con Derecho Internacional, Inmobiliario, Empresarial y Familia. Colegiada en el Colegio de Abogados de Lima y en Barcelona. Idiomas: sueco, inglés, alemán y castellano.

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