Extradition is the procedure by which one State surrenders to another a person requested to stand trial or serve a sentence. In Argentina, this matter is governed by Law 24.767 on International Cooperation in Criminal Matters and by the bilateral or multilateral treaties concluded with the requesting State.
The process falls under exclusive federal jurisdiction and combines substantive requirements (the existence of a crime, double criminality, no statute of limitations bar, no double jeopardy, no persecution on political, racial, religious, national or opinion grounds) with strict formal requirements (request through diplomatic channels, official translation, identification of the requested person). The defense may challenge each of these elements, and the role of defense counsel is decisive from the very first moment.
Argentina is the requested State: a foreign country seeks the surrender of a person present on Argentine territory. Jurisdiction lies with the federal judge where the person is located. Procedure: Articles 26 to 39 of Law 24.767. The decision may be appealed before the Federal Criminal Cassation Court and, ultimately, before the Supreme Court through an extraordinary appeal.
Argentina requests the surrender of a person from a foreign State. The involvement of the Ministry of Foreign Affairs and coordination with authorities of the requested State is central. We advise private parties (complainants) seeking to have the Argentine State initiate extradition requests.
Article 6 of Law 24.767 lists the substantive requirements: the act must constitute a crime both in Argentina and in the requesting State (double criminality); the maximum penalty must be at least one year of imprisonment; the statute of limitations must not have expired; the act must not be political, purely military, tax-related (general rule) or subject to special tribunals; it must not have been previously tried in Argentina for the same acts.
Formal requirements (Articles 13 and 14) include: request through diplomatic channels, an authenticated copy of the arrest warrant, exact description of the facts, applicable criminal law, identifying information about the requested person and a certified Spanish translation.
The defense may challenge both formal aspects (deficiencies in the request, inadequate translation, uncertain identity) and substantive ones: absence of double criminality, statute of limitations under Argentine or requesting country law, political nature of the act, risk of persecution on prohibited grounds, inhumane detention conditions in the requesting State, age or health of the requested person.
Argentine case law has recognized that extradition must not be granted when there is a real risk of human rights violations in the requesting State. Supreme Court and federal court doctrine has been particularly protective in cases involving refugees or asylum seekers, and in cases where the requesting State's criminal procedure fails to meet minimum guarantees.