Walter AppelInternationale Rechtshilfe in Strafsachen ohne diplomatischen Geschäftsweg

About this book deutschenglish

International legal aid in criminal matters is usually carried out based on bilateral or multilateral international treaties. Beyond contractual treaties, no country has any obligation for international legal aid in criminal matters. Besides contractual agreed and non-contractual international legal aid in criminal matters, a further form of international cooperation is possible: Legal aid without diplomatic channel. Whenever the intergovernmental international cooperation is blocked through the lack of diplomatic recognition of a country, international legal aid in criminal matters seems to be impossible. In case diplomatic channels do not exist, there could be the misfortune that certain countries could develop as “escape oasis” for criminals.

Is it in the discretion of the national law enforcement authorities to seek the implementation of legal aid in certain cases and, in other cases, simply to refrain from doing so? The obligation to investigate the truth generally also obliges the investigation authorities in any case of criminal offenses, even relating to a country where there is no diplomatic channel existing. Basically, investigation authorities have the absolute obligation, to try everything within their power to obtain from this country information, which is helpful in detecting the offense and solving a criminal case. How strong is the principle of legality in the investigation of offenses related to a diplomatically unrecognized country? Can a EU-country enforce the transfer of a criminal from a diplomatically unrecognized state? Is a EU-country allowed to extradite a criminal to a diplomatically unrecognized country? The present book deals with these core questions. For the analysis, Taiwan was just used as an example. Taiwan’s international status seems to be unclear. All western countries support the One-China policy. The One-China policy is the policy or view that there is only one country called "China", despite the existence of two governments that claim to be „China“.

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