What Is extradition? Simple guide to process, rules, and exceptions

Few topics are accompanied by as many myths and misconceptions as the topic of countries where one can seek refuge from criminal or political persecution. In legal terms, the process of transferring a person from one country to another, where that person will either be investigated and/or sentenced by a court for crimes committed, is called extradition.

Are there any jurisdictions today where one can be guaranteed refuge from prosecution in another country? There is no clear answer to this question, because both extradition requests and the process of transferring people to law enforcement agencies in other countries are governed by complex rules based on international law and relevant agreements between countries.

In other words, whether extradition will be approved depends on which jurisdiction is requesting the extradition and whether there is a relevant agreement with that country. As a rule, there is no bilateral extradition treaty for a variety of reasons, which may include:

• strained diplomatic relations between the two countries;
• a fundamental unwillingness to extradite its citizens to other jurisdictions;
• objections by one of the parties related to the fact that the requesting jurisdiction systematically violates human rights, lacks an independent judicial system, and uses cruel investigative practices and the death penalty.

It is important to note that extradition is a complex and constantly changing area of international relations. New extradition treaties are concluded every year, and old ones may be reinterpreted over time. A territory that was considered completely safe yesterday may today begin active cooperation with law enforcement agencies in other countries.

About extradition

Extradition occurs when one country transfers a person to another country where they have been charged or convicted of a crime. The purpose of the transfer is to bring the person to justice or to serve their sentence.

The surrender of individuals for prosecution in another jurisdiction always involves the interaction of different legal systems. For individuals seeking asylum abroad, it is important to understand how the extradition process works.

How does extradition work?

1. A person commits a crime in one country and flees to another country.
2. The country where the crime was committed sends an official request for extradition.
3. If there is a bilateral extradition treaty between the countries, the receiving jurisdiction may consider the request and decide to return the fugitive.

A key condition for extradition is a relevant agreement between the two countries. It regulates the process of transferring the criminal to another country. However, the existence of a bilateral treaty does not mean that the requested person will be extradited automatically.

In what cases can extradition be refused?

An extradition request may be refused if:

1. There is no bilateral extradition treaty between the states.
2. The country does not extradite its own citizens to other jurisdictions for trial or to serve sentences.
3. There is insufficient evidence of the person’s guilt.
4. The offence committed abroad is minor and does not require extradition.
5. The act committed abroad does not qualify as a criminal offence under the laws of the receiving country.
6. The person sought is being persecuted by the authorities for political reasons.
7. There is a risk of human rights violations. For example, when torture is practised in the requesting jurisdiction or when there are reasonable doubts about the fairness of the court’s decision.
8. The receiving country is against the use of the death penalty, and the person being transferred to another jurisdiction risks being executed.

Thus, in order to ensure that justice prevails, independent states consider each extradition request individually, even if they have signed a bilateral extradition treaty.

What role does extradition play in international law?

Extradition is a key element in international law, as the practice of handing over criminals to a foreign state:

• Strengthens global cooperation between countries.
• Ensures justice in the investigation of crimes committed abroad. Prevents attempts to evade justice by moving to another jurisdiction.
• Strengthens diplomatic relations between countries and promotes the development of ties between law enforcement agencies.

Although it may sound implausible at first glance, extradition based on bilateral agreements is beneficial even to those who are fleeing criminal prosecution. After all, international extradition treaties are not usually signed with countries where human rights are constantly violated and courts make decisions under pressure from the authorities.

What is a European arrest warrant?

An EAW (European arrest warrant) is a simplified procedure for the cross-border transfer of persons for the purposes of

• criminal prosecution;
• serving a sentence imposed by a court;
• detention on the basis of a court order.

The EAW system was introduced in 2004 to significantly speed up the procedure for the surrender of criminals within the European Union. The relevant framework agreement clearly regulates extradition in EU countries:

1. A European Arrest Warrant can only be issued for criminal prosecution for an offence punishable by imprisonment for a term of at least 12 months. If the detained person is extradited to serve a sentence, the term of their imprisonment or detention in a correctional facility must be at least 4 months.
2. A state that has signed the EAW agreement cannot refuse to extradite its citizen to another EU jurisdiction, but it can independently enforce the sentence or issue an arrest warrant in accordance with its domestic law.
3. The period for issuing a European Arrest Warrant may not exceed 60 days, or 10 days if the detainee consents to extradition to another country.

With the introduction of the EAW, it has become easier for European Union countries to combat serious crimes such as terrorism and organised crime. The extradition process in Europe now takes from a few days to a few weeks, whereas previously it could drag on for years and involve lengthy negotiations.

It should be noted that despite its effectiveness, the European Arrest Warrant is not a universal extradition tool. In politically sensitive or legally complex situations, even an EU country may refuse extradition.

Which categories of countries do not recognise extradition?

The mere unwillingness of a state to extradite a person for criminal prosecution or to serve a sentence abroad does not in itself make it a refuge for criminals, but it does reflect the complexity of international politics and the interaction of different legal systems.

If we analyse all jurisdictions that do not recognise extradition for one reason or another, we can identify several categories.

1. Countries that refuse to extradite people to the US, the UK and EU countries.
2. Countries that do not extradite their citizens abroad.
3. Countries that refuse extradition on humanitarian, political or other grounds.

1. Countries that do not recognise extradition to major world powers and associations.

   The United States has not signed extradition treaties with a significant part of Africa (36 jurisdictions out of 62) and Asia (38 countries out of 54). In Europe, the US does not extradite criminals from Andorra, Belarus and the Vatican. Extradition of criminals to America will also be difficult in France, the Netherlands and Russia. In the Western Hemisphere, there is no extradition from Cuba, Ecuador and Venezuela.

   The United Kingdom has signed numerous bilateral extradition agreements. However, the countries that refuse to extradite to the British authorities include not only North Korea, Somalia, Afghanistan, Iran and Libya, but also some European Union jurisdictions.

   Croatia, Germany, France, Poland, Slovakia, Slovenia, Greece, Latvia, Sweden and Finland do not extradite their citizens to the United Kingdom after that country left the EU.

   European Union countries often face refusal when sending extradition requests to countries in the Middle East and Southeast Asia, as well as to the United States, Russia, Belarus, and China.

2. Countries that do not extradite their citizens upon request

   In addition to small independent states that traditionally refuse any requests to extradite citizens for trial or to serve sentences abroad, countries such as the United States are extremely reluctant to part with their residents.

   • The United States – even if the extradition request is based on a relevant bilateral treaty, the authorities are still extremely reluctant to cooperate. The country has no obligation to extradite American citizens even to European countries. As a result, the extradition of Americans to third countries is extremely rare.
   • Russia – this country has no extradition treaty with the United States, and those jurisdictions that have signed relevant treaties with the Russian authorities can only count on the transfer of persons who are not citizens of the Russian Federation. The situation is similar in Belarus, an ally of Russia.
   • France does not extradite its citizens for trial abroad. However, if another country provides sufficient evidence of the guilt of a French citizen, they may be convicted and punished in accordance with the laws of the Fifth Republic.
   • Ecuador, together with Venezuela, are the two jurisdictions in South America from which it is impossible to extradite a person to the United States. However, unlike Venezuela, which is experiencing a deep political and economic crisis, Ecuador is a prosperous country that protects both its citizens and immigrants from criminal prosecution.
   • Vanuatu is a small island nation in the Pacific region. It does not extradite its citizens to third countries for punishment or legal proceedings. It grants citizenship to wealthy foreigners in exchange for investment . Our company’s lawyers will help you understand the nuances of Vanuatu’s investment programme!

3. Countries that refuse extradition on political or humanitarian grounds

   Countries such as Germany, Austria, France, Latvia, and the Netherlands are extremely negative about the death penalty, torture, and human rights violations in other jurisdictions. Therefore, every official request for the extradition of a criminal undergoes a thorough legal review and is often rejected by , especially if the person is requested to be extradited outside the European Union.

   The United States, the United Kingdom and China may also refuse extradition if the criminal prosecution of a person in another country is politically motivated.

Top 5 countries without extradition in 2025

1. China

   China does not have extradition agreements with the United States or the United Kingdom. If a request is made by a European country, it must be one of the jurisdictions with which the PRC has a bilateral extradition treaty.

   China refuses to extradite its citizens on grounds of national security or if the prosecution is politically motivated.

   Entrepreneurs or investors wishing to move to China can apply for an M-type business visa. If you plan to work for an employer in this country, you will need a Z-type work visa.

2. Vietnam

   Vietnam has not yet signed formal extradition agreements with the United States or the United Kingdom. Extradition to these countries, as well as to European countries, is usually considered on a case-by-case basis and takes a very long time.

   Furthermore, in order for a person to be extradited to another country for trial or to serve a sentence, it is necessary that:

   • their offence abroad also be classified as a criminal offence in Vietnam;
   • the punishment for the crime committed is sufficiently severe – at least 1 year of imprisonment.

   A citizen of another country may move to Vietnam on a work or business visa, as well as a visa intended for family reunification, if they have relatives in this jurisdiction.

3. United Arab Emirates

   Although the UAE has signed extradition agreements with the United States, the United Kingdom and a large number of European Union countries, the extradition of criminals is extremely inconsistent, especially if the person subject to extradition is accused of economic crimes.

   Attempts to obtain the extradition of a citizen of the United Arab Emirates for prosecution appear even more hopeless, although there have been isolated cases of successful extradition.

   The UAE welcomes wealthy foreign businessmen and investors with open arms. For a long stay in this country, it is necessary to obtain a resident visa. If a foreign citizen invests in local real estate, they may be granted a Golden Visa, valid for 2 to 10 years.

   If an investor spends a significant amount on the purchase of real estate, they may be granted Emirati citizenship. However, it should be noted that this country does not have a documented passport programme for investors that clearly specifies the minimum investment amount and the time frame for obtaining a UAE passport.

4. Montenegro

   The small European state of Montenegro does not extradite persons for criminal prosecution in the United States. However, this state has bilateral agreements on the extradition of criminals with the jurisdictions of the European Union and the United Kingdom.

   As a rule, Montenegro does not extradite its own citizens to other countries. There are a few exceptions to this practice, when criminals were extradited to Serbia, with which Montenegro was a single state until 2006.

   You can obtain a residence permit in Montenegro by purchasing real estate, finding a job or starting your own business. After 5 years of living in this picturesque European country, most expats apply for a permanent residence card.

5. Cuba

   The Island of Freedom will respond with an unequivocal refusal to all extradition requests from the United States, the United Kingdom, and the EU. And, of course, there can be no question of handing over Cuban citizens to the law enforcement agencies of third countries.

   The Republic of Cuba is suitable for those looking for a country where extradition is unlikely. Additional advantages of this country include a warm tropical climate, beautiful nature, rich cultural heritage and a local healthcare system that is one of the best in North America and completely free for local residents.

   You can obtain a residence permit in Cuba as an employee, entrepreneur, investor or foreign spouse. Unfortunately, the Cuban government does not recognise dual citizenship, but if you are willing to renounce your first citizenship, you can obtain a Cuban passport after 5 years of residence on the island.

Comparison table: extradition by country

What to look for when choosing a country without extradition?

If you are seeking refuge from unfair criminal prosecution abroad, your immediate need will be to ensure the safety of yourself and your loved ones in a foreign country. Unfortunately, not every jurisdiction can guarantee a refugee safety and comfortable living conditions.

As you have seen, the mere existence of an extradition treaty does not mean that a person who has fled criminal prosecution will automatically be handed over to the law enforcement authorities of another state. However, the reverse is also true: the absence of an extradition agreement is no guarantee of non-extradition. Ultimately, your deportation may be discussed at the diplomatic level or resolved informally.

In our opinion, more important factors are the country’s attitude towards the deportation of its citizens abroad and the possibility of obtaining second citizenship in a short period of time. First and foremost, consider countries where the extradition of citizens to third countries is prohibited by law. Find out in which jurisdiction you can obtain a residence permit within a short period of time. How long will it take to obtain citizenship in that country?

Another important parameter is the standard of living in the country you are interested in – not only economic prosperity, but also the protection of citizens’ rights and freedoms, access to healthcare and education, the level of street crime, etc.

To ensure that your move to another country and change of citizenship are carried out without unpleasant legal and financial consequences, consult with the international lawyers at Imperial & Legal in London.