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NLJ this week: No trading places with the dual criminality safeguard

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23 May 2025
Issue: 8117 / Categories: Legal News , Extradition , Criminal , Procedure & practice , International
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The Supreme Court recently re-examined the dual criminality rule ‘in a judgment that is reckoned to have caused consternation within the US Department of Justice’, David Walbank KC, Red Lion Chambers, writes in this week’s NLJ

Walbank considers the Supreme Court’s reasoning in El-Khouri v Government of the USA, which concerned an extradition request where insider dealing was alleged. He highlights two striking aspects of this reasoning.

Walkbank looks at the court’s treatment of the dual criminality rule, ‘whereby the conduct forming the basis of the extradition request must constitute a crime under the laws of both the requesting state and the requested state’. 
Issue: 8117 / Categories: Legal News , Extradition , Criminal , Procedure & practice , International
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