Re Kozil

• Jurisdicción: Argentina
• Fecha: 26 Mayo 1964
• Emisor: Federal Court of Appeals (Argentina)

Argentina, Cmara Federal de la Capital (Penal Chamber).

Re Kozil.

Extradition Conditions of Extradition in absence of treaty Reciprocity Whether prior agreement required for The law of Argentina.

The Facts.Brazil requested the extradition of the accused, Ivn Kozil. Since there was no extradition treaty in force between the parties, reciprocity was the only basis for such a request. As it was not shown that there had been any diplomatic exchange between the parties as to the conditions of reciprocity in this case, the request was denied.

Held: that extradition would be granted on the basis of reciprocity only where the States had specifically agreed to such procedure.

The Court said:

As there is at present no extradition treaty in force between the Argentine Republic and the United States of Brazil, the extradition request must be examined in the light of Law 1612 and the relevant provisions of the Code of Criminal Procedure. Article 652 of the Code provides that in cases such as the one before us

the National Executive, acting upon the advice of the Procurator General, will determine what decision shall be made [and that], where extradition has been approved, the judge in the district in which the fugitive has been found shall be...