A Chinese criminal is extradited from Việt Nam and handed over to Chinese police at Hữu Nghị border gate in northern Lạng Sơn Province. — VNA/VNS Photo Ngọc Tùng

The Ministry of Public Security has proposed the development of the Extradition Law, which would allow member countries to urgently apprehend fleeing criminals to prevent them from evading capture.

Major General Phạm Công Nguyên, head of the ministry’s Department of Legal Affairs and Administrative and Judicial Reforms, who is responsible for drafting the law, stated that after more than 15 years of implementing the Law on Mutual Legal Assistance, extradition efforts had yielded significant results.

In particular, the ministry had received and processed 38 extradition requests from foreign countries, as well as initiated and forwarded 68 extradition requests from Việt Nam to foreign authorities.

These achievements had significantly contributed to the successful resolution of criminal cases involving fugitives who had fled either to or from Việt Nam, he said.

However, the 2007 Law on Mutual Legal Assistance has shown several shortcomings. One such limitation is that the law doesn't address the expansion of criminal liability beyond the offences specified in the extradition request, according to Nguyên.

Nguyên analysed that after extradition to the requesting country, during the investigation and legal proceedings, authorities might discover additional crimes committed by the extradited individual within the territory of the requesting country before fleeing to the country receiving the extradition request.

In such cases, countries might agree to extend criminal liability for the extradited person beyond the original extradition request, provided both parties consent, he said.

This issue was also covered in international treaties on extradition to which Việt Nam was a signatory. Specifically, individuals subject to extradition requests might be held accountable for crimes other than those initially outlined in the extradition request.

Therefore, supplementing provisions on the expansion of criminal liability beyond the offences specified in the extradition request would help prevent escaping criminals from evading justice.

Regarding the ministry's proposal for the authority to urgently apprehend and extradite criminals, Nguyên said that this content aligned perfectly with the international treaties of which Việt Nam is a member.

Việt Nam is a party to 21 bilateral international extradition treaties, many of which include provisions for the urgent apprehension of individuals subject to extradition requests before the formal request is received.

In specific urgent cases, the competent authority of the signing country might request that the signatory country detain the individual sought for extradition during the period awaiting the formal extradition request. This mechanism would help prevent suspects from fleeing before the official extradition process begins, safeguarding the legal rights and legitimate interests of the people, and maintaining social stability and security, he said.

Regarding the application of the death penalty for individuals subject to extradition requests, Nguyên said many countries, particularly in Europe, did not have provisions for the death penalty.

Therefore, when handling extradition requests, these countries frequently requested Việt Nam's commitment not to impose or carry out the death penalty on the extradited individual. Failure to make such a commitment could result in the extradition request being denied.

Hence, adding this provision on death penalty commitment to the Extradition Law would not only ensure compliance with Việt Nam's international commitments but also prevent fugitives from escaping justice, he said. — VNS