UDC 341.44:061.1
Biblid: 1451-3188, 12 (2013)
Vol. 13, No 45-46, pp. 39-55

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970


Radić Žarko (Шравник – студент II године докторских студија на Правном факултету Универзитета у Крагујевцу, Јавно предузеће „Пословни простор Врачар” Београд), zarkoradic@yahoo.com

Prohibition of extradition of perpetrators of political offences is a rule (principle) of the modern law on extradition, whether its origins are found in the international law or in a national legislation. However, the whole history of extradition is marked by a legal and political treatment of political offenders within international relations: by a multi-century old extradition practice of predominantly political offenders, or by establishing rules against their extradition. However, the range of criminal offenses which are considered political crimes narrows down primarily by the international conventions. Finally, Art. 3, 4 and 4a of Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA, 2009/299/JHA) do not envisage a political offense as mandatory or optional reason for refusal to execute a European arrest warrant. By applying a dogmatic, juridical-comparative, juridical-historical and social method, the author researches the causes and importance of changes in the development of the political criminal act as an obstacle for extradition. At the end, the author concludes that the ban on extraditing the perpetrators of political criminal acts, contributes to the protection of people from criminal prosecution, which is related to political criminal acts and has political purposes. The author also remarks that it would not be a mistake to conclude that EU member states promote the hand over of political offenders in their mutual relations.

Keywords: extradition, assumptions for extradition, political offender, political criminal offense, the European arrest warrant