Can a person avoid criminal liability by fleeing abroad? The Ministry of Justice answered
Leaving the country does not exempt a person from criminal liability. If a person is declared wanted, they can be returned to Ukraine through the extradition procedure for prosecution or execution of a court sentence. The Dnipro Interregional Department of the Ministry of Justice of Ukraine explained that the international extradition mechanism allows the return to Ukraine of persons who are abroad and wanted by law enforcement agencies or courts.
Extradition is a form of international cooperation in the field of criminal justice, provided for by Ukraine's international treaties and the Criminal Procedure Code of Ukraine.
Extradition means the transfer of a person to the state whose competent authorities are conducting the search. The procedure includes establishing the person's whereabouts, verifying circumstances that may prevent extradition, making the appropriate decision, and the actual transfer of the person under the jurisdiction of the requesting state.
The legal basis for extradition is an international treaty between Ukraine and the respective state, as well as the provisions of the Criminal Procedure Code of Ukraine. If such a treaty does not exist, the request may be sent based on the principle of reciprocity, provided written guarantees are given.
After receiving information about the detention of the wanted person abroad, the Ukrainian court handling the case or having issued the conviction prepares a petition for their extradition. The document contains information about the person, case circumstances, and the legal qualification of the criminal offense.
The petition is accompanied by:
- a detention order – if the person is wanted for prosecution;
- a final court sentence – if extradition is needed for its execution;
- information about the committed criminal offense or evidence of guilt;
- provisions of the article of the Law of Ukraine on criminal liability;
- a conclusion regarding the person's citizenship;
- a certificate of unserved part of the sentence – if necessary;
- information about limitation periods;
- other documents provided for by the international treaty.
Documents are signed by a judge, certified with the court's seal, and translated into the language specified by the international treaty. If no such treaty exists, an official or acceptable language for the requested state is used.
The document package is sent through the regional prosecutor's office to the Ministry of Justice of Ukraine. According to Article 574 of the Criminal Procedure Code of Ukraine, the Ministry of Justice is the central authority of Ukraine regarding the extradition of accused and convicted persons during court proceedings or sentence execution.
Within five working days after receiving the petition, the Ministry of Justice of Ukraine sends a request for extradition to the authorized body of the foreign state. If there is no international treaty, the request is transmitted through diplomatic channels via the Ministry of Foreign Affairs of Ukraine based on the principle of reciprocity.
If the request is granted, the Ministry of Justice of Ukraine instructs the Administration of the State Criminal-Executive Service of Ukraine, the National Guard of Ukraine, and the National Police of Ukraine to organize the reception and transfer of the person to Ukraine.
The Ministry of Justice informs the court that initiated the extradition and the regional prosecutor's office about the results of the request review. If the foreign state refuses extradition, the Ministry of Justice also notifies the court and prosecutor's office and informs about the possibility of applying other legally provided mechanisms of international cooperation, including the transfer of criminal prosecution.
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