Extradition treaty between Serbia and USA

On 14 February 2019, the National Assembly of the Republic of Serbia adopted the Law on the Conformation of the Agreement on Extradition between the Government of the Republic of Serbia and the Government of the United States of America, published in the Official Gazette – International Agreements No. 2/2019 dated 18 February 2019, effective eight days after publishing in the Official Gazette.

The contracting parties undertook the obligation to extradite the person who committed a criminal offense, to extradite the person for the purpose of the sentencing or the execution of the sentence at the request of the other contracting party. The extradition will be executed for the offences for which the extradition is possible.

The extradition shall be carried out only for the criminal offence for which the extradition was requested if the prescribed sentence is more than one year in both contracting parties.

According to the Treaty, the nationality of the person whose extradition is requested is not of importance, which means that the extradition is possible for persons who are not nationals of the contracting parties.

The agreement lists the crimes which are not considered as political crimes.

If the criminal offense for which the extradition is sought is sanctioned by the death penalty of the requesting State, but not within the requested State, the requested State may refuse extradition unless the requesting State grants it a guarantee that the death penalty will not be pronounced.

The objective of the Agreement is to ensure more effective cooperation in fight against crime between the Republic of Serbia and the United States of America.

The Agreement represents the advancement of cooperation achieved by signing the Convention between Kingdom of Serbia and the United States of America signed in Belgrade on October 25, 1901.