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Case law

STC 57/2024: Proportionality in extradition

Guarantees of criminal proceedings

Constitutional Court · STC 57/2024

Issue examined

The appeal relates to orders issued by the Fourth and The plenary court Sections of The Criminal Chamber of the National High Court that authorized their extradition to Morocco.

Summary published by the Constitutional Court

Alleged violation of the rights to personal liberty, to effective judicial protection and to a process with all the guarantees: judicial decisions that agree to extradition on the basis of documentation that does not allow to question the necessity and proportionality of the decision taken by the Moroccan prosecutor's office to request surrender to ensure the prosecution of the person concerned (STC 17/2024); principle of double criminality.

ECLI:ES:TC:2024:57

The file retains the distinction between violation and alleged violation used by the source. In order to know the judgement, the grounds and the individual votes must be consulted the full resolution.

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