Question

Define dual criminality and speciality.

Hint:

Dual criminality protects the \textbf{decision to extradite}. Speciality protects the \textbf{treatment after extradition}. Both prevent abuse and preserve sovereignty.

Answer 1

1. Dual Criminality
Dual criminality is a foundational principle of extradition law. It means:
The conduct for which extradition is sought must constitute a criminal offence in both the requesting and the requested State.
Key features:

The name or statutory classification of the offence need not be identical.
What matters is the substance of the conduct (e.g., intentional killing, fraud, bribery).
Ensures fairness and prevents surrender for conduct that is not criminal domestically.
It protects individuals from being extradited for acts that are lawful or morally neutral under the domestic law of the requested State.
2. Principle of Speciality
The specialty rule provides that:
A person extradited for one offence can be tried, punished, or detained only for that specific offence, unless:
(1) the requested State consents to additional charges, or
(2) the accused voluntarily stays in the requesting State beyond a certain period.

Purpose:

Prevents misuse of extradition as a pretext for unrelated prosecution.
Protects diplomatic trust and individual fairness.
Ensures the requesting State honours the limits of the extradition grant.
\[ \boxed{\text{Dual criminality = what conduct must match.}} \] \[ \boxed{\text{Speciality = how the requesting State may use the fugitive after surrender.}} \]