double criminality

law

Written by

The Information Architects of Encyclopaedia Britannica

Last updated

June 25, 2026

Quick Summary

Double criminality is a fundamental principle in international law concerning extradition. It dictates that for a person to be extradited from one country to another, the alleged crime must be a criminal offense in both the requesting and the requested countries. This principle ensures that individuals are not surrendered for acts that are not considered crimes in their refuge country, thereby upholding the concept of asylum.1

This concept is distinct from the legal principle of double jeopardy, which protects individuals from being tried or punished more than once for the same offense. While double criminality relates to the international transfer of fugitives, double jeopardy pertains to the protection against repeated prosecutions within a single jurisdiction.23

Summary created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

4 Britannica Sources

Ask Britannica AI about this topic

Britannica doesn't have a full article on this topic, so we've curated a list of our relevant coverage.

extradition
Another common principle is double criminality, which stipulates that the alleged crime for which extradition is being sought must be criminal in both the demanding and the requested countries. Under the principle of specificity, the demanding state can prosecute the extraditee only for the offense for which the extradition…
Read More
Another common principle is double criminality, which stipulates that the alleged crime for which extradition is being sought must be criminal in both the demanding and the requested countries. Under the principle of specificity, the demanding state can prosecute the extraditee only for the offense for which the extradition…
Read More