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Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences

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Chapter Summary

States’ exercise of their criminal prerogatives has historically been considered part of their national sovereignty. Although nonrecognition of foreign penal judgments in the absence of a treaty and national legislation seem to be categorical in the legal position of states on this question, this is not necessarily the case in practice. As in the case of extradition, the enforcement of foreign penal sanctions is not based on the recognition of the foreign penal judgment in question. A transfer of criminal proceedings changes the jurisdiction of the proceedings as transferred to another state, which also means the application of different substantive and procedural laws. The Lockerbie case demonstrates a situation many commentators consider a transfer of criminal proceedings that is, in actuality, simply a change of location.

Keywords: criminal proceedings; European Union (EU); extradition; foreign penal judgments; Lockerbie; national sovereignty



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