Do Kwon Extradition Twist: Montenegro Court Now Appeals Court Cancels
Key Points:
- The Montenegrin Court of Appeal revoked its decision on the extradition of Korean citizen Do Kwon.
- The case has been returned to the court of first instance for retrial.
Montenegrin Appeal Court revoked its decision on Do Kwon extradition due to irregularities. The case is returned for retrial.
According to an official statement, the Montenegrin Court of Appeal has revoked its decision on the extradition of Korean citizen Do Kwon.
The appeal lodged by Kwon’s defense led the court to revisit the decision of the Podgorica High Court, which had initially ruled that the conditions for Do Kwon extradition to either South Korea or the United States were met.
Why Did the Court of Appeal Revoke Its Decision on Do Kwon Extradition?
The Appeal Court found substantial irregularities in the initial ruling, including the lack of a clear outcome, insufficient justification of decisive facts, and vague explanations.
Because the wording of the decision is incomprehensible, the decision has no reason for decisive facts, and the reasons given are unclear, which is the reason for its cancellation.
Wrote in a statement
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The Complexities and Controversies of International Extradition Proceedings
Notably, the court failed to consider that this was a simplified extradition proceeding, which, according to Article 29 of the International Mutual Legal Assistance in Criminal Matters Act, should have been decided by the court and not the Minister of Justice.
The order of arrival for the extradition requests from South Korea and the United States was also not clearly determined by the first-instance court. The case has now been returned to the court of first instance for retrial.
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