Legal Definitions - doctrine of specialty

The doctrine of specialty is a fundamental principle in international law, particularly relevant to the process of extradition. It dictates that when a country (the requesting state) asks another country (the requested state) to surrender an individual to face criminal charges, the individual can only be prosecuted and tried for the specific offenses for which extradition was granted. This means the receiving country cannot try the person for any other crimes they might have committed before their extradition, unless the extraditing country agrees to the additional charges, or the individual voluntarily waives this protection.

This doctrine serves to protect the sovereignty of the requested state and ensures that the extradition process is not abused. It guarantees that the requested state's decision to surrender an individual is based on a clear understanding of the charges the person will face.

Here are some examples illustrating the doctrine of specialty:

• Example 1: Uncovered Past Offense

  Imagine a situation where Maria is extradited from Country A to Country B solely to face charges of large-scale financial fraud. Once Maria is in Country B, authorities there uncover compelling evidence that she also committed a separate, unrelated murder in Country B five years before her extradition. Under the doctrine of specialty, Country B cannot proceed with a trial against Maria for the murder charge. Her prosecution must be limited to the financial fraud offenses for which Country A agreed to extradite her, unless Country A explicitly consents to expanding the charges, or Maria herself waives her right to this protection.

• Example 2: Related but Unspecified Offense

  Suppose John is extradited from Country X to Country Y specifically for drug trafficking offenses. While preparing for trial, Country Y's prosecutors discover strong evidence that John also engaged in significant money laundering activities directly related to the drug trafficking, all committed before his extradition. Even though the money laundering is connected to the drug crimes, the doctrine of specialty would prevent Country Y from adding the money laundering charges to John's trial without first seeking and obtaining permission from Country X, as the original extradition request only specified drug trafficking.

• Example 3: Different Type of Crime

  Consider Alex, a cybercriminal, who is extradited from Country P to Country Q to stand trial for a specific instance of corporate espionage, a cybercrime involving data theft. After Alex's arrival, Country Q's investigators find evidence that Alex had also committed a separate, unrelated cyberattack on a government database in Country Q several years prior to the extradition. The doctrine of specialty dictates that Country Q can only prosecute Alex for the corporate espionage charge for which he was extradited, and not for the earlier government database attack, unless Country P consents to an expansion of the charges or a new extradition request is made for the additional offense.