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Criminal Law: What is the punishment(s) of murder or rape from country to country?

  • If a person commits a crime like murder or rape in any other country then he/she flees or comes to the U.S. and commits the same crime or even a different crime (not a lite crime) and gets caught here which country is he/she sent to or are they kept here in the U.S. and does the same protection rule apply if he/she runs to Canada or Mexico ? What is the law in Europe, Asia, South America, or Africa ?

  • Answer:

    The criminal would be prosecuted in the country where s/he is caught. And presumably sentenced if found guilty. After serving the sentence s/he would be extradited (assuming extradition arrangements exist between the two countries) to the country where s/he committed the first crime and prosecuted and sentenced there. I know that in Europe, because of the human rights law prevalent there, it is impermissible to deport people to countries where the punishment for their crime could cause them to be given the death penalty. In such cases such people would not be deported and in all probability granted asylum in the second country.

Saurabh P.S. Chauhan at Quora Visit the source

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Locus regit actum This is the latin dictum that condenses a widely observed rule: the place where a crime is commited determines both the applicable law and the jurisdiction of the court. So, as explains, the crime commited in the U.S. would be tried before the competent court there, and the abroad crime, well, abroad. As a sidenote, I just want to add that, in general, countries do not extradite their own citizens. I have just found (with surprise) that 18 U.S. Code § 3196 allows for the extradition of American citizens. Spain certainly does not: Section 3.1 of Act 4/1985, of passive extradition (Ley 4/1985, de 21 de marzo, de extradición pasiva) forbids it. In such cases, the foreign government may be invited to send the proceedings the the Spanish Ministerio fiscal (public prosecution) so as to prosecute the crime in a Spanish court. Regarding the punishment, Sections 179 of the Spanish Criminal Code punish ordinary rape with six to twelve years in prison. If any of the aggravating circumstances of section 180 are met, the penalty goes up to twelve to fifteen years. Different rules exist for what is called statutory rape in English. Also, if the rape is commited in te context of genocide or crimes against humanity, a revisable life sentence* may be imposed. *This sentence is new to the Spanish penal system and some, including myself, consider it against the Constitution. An appeal has been lodged and is pending before the Constitutional Court. The backlog of the court is considerable, so I would not expect a decision to be rendered before five or ten years.

Guillermo López López

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