SIMPLIFIED EXPLANATION OF EXTRADITION AND RELATED PROCEDURES

ADMINISTRATIVE (DIPLOMATIC) PHASE) SECRETARIAT OF FOREIGN AFFAIRS.


(RULE)

FORMAL REQUEST FOR INTERNATIONAL EXTRADITION.

PRESENTATION OF THE REQUEST AND THE REQUIRED SUPPORTING DOCUMENTS, BY WAY OF A DIPLOMATIC LETTER.

(EXCEPCION)


REQUEST FOR PROVISIONAL DETENTION FOR THE PURPOSE OF INTERNATIONAL EXTRADITION (PRECAUTIONARY MEASURE, IN URGENT CASES, WHEN THE WHEREABOUTS OF THE EXTRADITABLE PERSON ARE KNOWN).

SENT TO THE PROCURADURIA GENERAL DE LA REPUBLICA (DIRECTORATE GENERAL OF INTERNATIONAL LEGAL AFFAIRS, DIRECTORATE OF INTERNATIONAL LEGAL ANALYSIS AND EXTRADITIONS), WHERE A REPRESENTATIVE OF THE MINISTERIO PUBLICO OF THE FEDERATION VERIFIES WHETHER THE REQUEST IS COMPLIANT AND MAKES THE PREPARATIONS TO REFER THE CASE TO THE CORRESPONDING DISTRICT JUDGE IN CRIMINAL MATTERS.

JUDICIAL PHASE IN THE DISTRICT COURT FOR CRIMINAL MATTERS OF THE JURISDICTION WHERE THE EXTRADITABLE PERSON IS LOCATED.

ONCE LOCATED, THE DISTRICT JUDGE FOR CRIMINAL MATTERS IN THE FEDERAL DISTRICT THAT IS RESPONSIBLE FOR SUCH MATTERS AT THE TIME WILL BE PRESENTED WITH THE INTERNATIONAL ARREST WARRANT; COMPLIANCE WITH THE FORMAL OR PROVISIONAL DETENTION REQUEST, FOR THE PURPOSE OF INTERNATIONAL EXTRADITION BY AGENTS OF THE NATIONAL CENTRAL OFFICE OF INTERPOL-MEXICO, WHO WILL PLACE THE DETAINEE AT THE DISPOSAL OF THE DISTRICT JUDGE WHO ISSUED THE ORDER, WITHIN THE CORRESPONDING PLACE OF PREVENTIVE DETENTION.

PRESENTATION OF THE REQUEST TO THE CORRESPONDING DISTRICT JUDGE IN CRIMINAL MATTERS, IF THE EXTRADITABLE PERSON CANNOT BE FOUND

AT THIS TIME, THE 60 DAYS BEGIN TO RUN FOR THE

PRESENTATION OF THE DETAINEE BEFORE THE DISTRICT JUDGE, WHO WILL ALLOW THE DEFENDANT TO APPOINT COUNSEL, WILL ADVISE HIM OF THE CONTENTS OF THE REQUEST, AND WILL INFORM HIM THAT HE HAS A PERIOD OF THREE DAYS TO FILE OBJECTIONS, WHICH ARE LIMITED TO THE FOLLOWING:

a) THAT THE REQUEST IS NOT IN COMPLIANCE WITH THE LAW (APPLICABLE TREATY AND INTERNATIONAL EXTRADITION LAW).

b) THAT THIS IS NOT THE PERSON WHOSE EXTRADITION IS BEING REQUESTED.

THE EXTRADITABLE PERSON HAS A PERIOD OF 20 DAYS TO SUBMIT EVIDENCE SUPPORTING HIS OBJECTIONS, A PERIOD WHICH MAY BE DOUBLED AT HIS REQUEST OR AT THE REQUEST OF HIS DEFENSE COUNSEL, AND THE AGENT OF THE MINISTERIO PUBLIC OF THE FEDERATION ASSIGNED TO THE DISTRICT COURT FOR CRIINAL MATTERS MAY PROVIDE OTHER PIECES OF EVIDENCE.

THE CORRESPONDING DISTRICT JUDGE FOR CRIMINAL MATTERS HAS FIVE DAYS TO ISSUE HIS LEGAL OPINION AS TO WHETHER OR NOT THE EXTRADITION SHOULD BE GRANTED OR NOT.

WHETHER THE LEGAL OPINION HOLDS THAT THE EXTRADITION IS ADMISSIBLE OR INADMISSIBLE, THE DISTRICT JUDGE IN CRIMINAL MATTERES MUST SEND THE COURT RECORDS TO THE SECRETARIAT FOR FOREIGN AFFAIRS AND PLACE THE DETAINEE AT ITS DISPOSAL, WITHIN THE PLACE OF PREVENTIVE DETENTION WHERE HE IS LOCATED.

ADMINISTRATIVE PHASE – SECRETARIAT OF FOREIGN AFFAIRS

IF GRANTED, THE EXTRADITABLE PERSON MAY FILE A PETITOIN FOR AN INDIRECT AMPARO PROCEEDING WITHIN 15 DAYS. IF AMPARO IS DENIED, A MOTION TO REOPEN THE CASE [RECURSO DE REVISION] MAY BE FILED BY THE REQUESTED PERSON.

WITHIN 15 DAYS, THE SECRETARIAT OF FOREIGN AFFAIRS MUST DECIDE DEFINITIVELY ON WHETHER OR NOT THE EXTRADITION IS TO BE GRANTED.


IF IT IS NOT GRANTED, THE AGENT OF THE MINISTERIO PUBLICO OF THE FEDERATION MAY FILE A REQUEST FOR INDIRECT AMPARO WITHIN A PERIOD OF 15 DAYS. IF AMPARO IS DENIED, A MOTION TO REOPEN THE CASE [RECURSO DE REVISION] MAY BE FILED BY THE SAME.

IF AMPARO IS DENIED, THE EXTRADITED PERSON WILL BE SURRENDERED. THE SECRETARIAT OF FOREIGN AFFAIRS WILL PLACE THE PERSON AT THE DISPOSAL OF THE PROCURADURIA GENERAL DE LA
REPUBLICA, SO THAT AGENTS FROM THE NATIONAL CENTRAL INTERPOL OFFICE MAY DELIVER HIM TO THE AUTHORITIES DESIGNATED BY THE REQUESTING STATE.