Greetings. I am trying to understand how dual criminality works in practice. If certain business practices are lawful under U.S. regulations but prohibited in another jurisdiction, could extradition still proceed? For example, suppose a transaction structure complied with American law but allegedly violated foreign financial rules. Would the absence of domestic illegality prevent surrender, or can the court rely solely on the requesting country’s legal framework?
Good evening. The principle of dual criminality generally requires that the alleged conduct constitute a criminal offense in both jurisdictions, though the exact statutory language need not be identical. A U.S. court focuses on whether the underlying behavior, when translated into domestic terms, would be punishable under American law. If the conduct is entirely lawful in the United States, that discrepancy may become a central issue during review. For additional clarification on how dual criminality is interpreted in practice, you may review on the website https://extraditionlawyers.ae/ The resource explains how courts compare legal frameworks across borders.