In the typical case, a request for extradition begins when a pending charge or conviction occurs in a foreign country. When the issue concerns a conviction, the requesting country is usually required to provide proof of conviction via a certified copy of the conviction. If the requesting country and the country where the fugitive is thought to reside utilize different languages, then the certified copy of the conviction should include a foreign language translation.

However, if a conviction is in absentia, the process becomes slightly more complex. In this situation, a court will treat the request as a charge and thus require sufficient evidence showing that there is a reasonable belief that the fugitive in fact committed the crime. The level of proof required usually varies depending on the jurisdictional rules. Regardless of the rules of evidence and procedure governing this stage of an extradition, all documents, evidence and testimony will have to have a foreign language translation in accordance with the laws of the foreign court.

Up Next: Legal Interpreters, Court Translation, Admissibility and Exclusion of Foreign Language Testimony