Extradition constitutes one of the most significant instruments of international criminal cooperation. When a person sought by the justice system of one State is located within the territory of another, the mechanism that enables the surrender of that person to the country that requests them is, precisely, extradition. In Argentina, this procedure is governed by Law 24,767 on International Cooperation in Criminal Matters (Ley 24.767 de Cooperacion Internacional en Materia Penal), which establishes a system involving all three branches of government and guaranteeing the fundamental rights of the requested person throughout every stage. This guide provides a comprehensive analysis of the current regime: the requirements for an extradition request to proceed, the grounds on which it may be denied, the procedure to be followed in both passive and active extradition, urgent measures such as provisional arrest and Interpol red notices, the protection afforded by the principle of specialty, and the principal defense strategies available to anyone facing an extradition request.
What is extradition
Extradition is the mechanism of international cooperation whereby one State surrenders a person located within its territory to another State that requests such surrender, for the purpose of subjecting the person to criminal proceedings or enforcing a sentence already imposed by its courts. It is an act of assistance between sovereign States that prevents national borders from becoming an obstacle to the prosecution of serious crimes.
There are two fundamental modalities. Passive extradition (extradicion pasiva) occurs when Argentina receives a request from another State to surrender a person located within Argentine territory. Active extradition (extradicion activa), on the other hand, takes place when it is Argentina that requests another State to surrender a person within its jurisdiction to be tried or to serve a sentence imposed by Argentine courts.
The applicable legal framework is structured in layers. First, bilateral or multilateral treaties that Argentina has entered into with the requesting or requested State apply (Art. 2, Law 24,767). International treaties hold a higher rank than domestic law (Art. 75, subsection 22, of the National Constitution -- Constitucion Nacional), which means that when a treaty regulates a matter differently from Law 24,767, the treaty prevails. Law 24,767 operates on a supplementary basis: it applies in all matters not expressly covered by the treaties and serves as an interpretive framework. Where no applicable treaty exists, the law requires as a condition for the extradition to proceed that the requesting State offer reciprocity (Art. 3).
This hierarchy has very concrete practical consequences. Bilateral treaties differ significantly from one another on matters such as the duration of preventive detention, grounds for refusal, the treatment of nationals, evidentiary requirements, and the offenses covered. For instance, the treaty with the United States establishes a provisional detention period of 60 days, while the treaty with Russia sets a period of 40 days, and Law 24,767 provides for 30 days as the general rule. Likewise, certain treaties do not allow the denial of extradition on the basis of nationality, while others provide for it as a discretionary ground. Identifying the instrument applicable to the specific case is the first step in any extradition analysis.
It is essential to understand that extradition is neither an act of foreign policy alone nor a merely administrative decision. It is a judicial proceeding in which the requested person enjoys all constitutional guarantees: the right to a defense, due process, the prohibition of torture and cruel treatment, and judicial review of the conditions for its admissibility. The intervention of the Judiciary is inescapable, and a judicial ruling against extradition is binding on the Executive Branch.
Requirements for admissibility
For an extradition request to be admissible under Argentine law, a series of substantive and formal conditions established by Law 24,767 on a limitative basis must be satisfied.
Dual criminality
The central requirement is dual criminality (doble incriminacion): the act giving rise to the request must constitute a criminal offense under both the legislation of the requesting State and Argentine legislation (Art. 6). It is not required that the classification be identical in both legal systems or that the offense bear the same legal designation; rather, it suffices that the specific conduct be punishable in both jurisdictions. This requirement ensures that no person is surrendered to be tried for an act that would not be considered criminal in Argentina.
Penalty threshold
Not every offense supports extradition. The law imposes a minimum gravity threshold. Article 6 provides that the average of the minimum and maximum penalties prescribed for the offense must be at least one year of imprisonment. Where extradition is sought for an already convicted person, the requirement is that the remaining sentence to be served must be at least one year. These conditions filter out minor offenses and reserve the extradition mechanism for infractions of a certain gravity.
If the request involves multiple offenses, it is sufficient that one of them meets the penalty threshold for the extradition to proceed with respect to all of them (Art. 6). Furthermore, Article 7 clarifies that in cases involving blank criminal statutes (leyes penales en blanco) -- those whose content is completed by supplementary regulations -- dual criminality is considered satisfied even where the supplementary regulations of both countries differ.
Formal requirements
The law requires that the extradition request be accompanied by precise documentation. In the case of accused persons (Art. 13), the requesting State must present a clear description of the facts, the legal classification of the offense, a valid arrest warrant, the applicable legal texts, and the identification data of the person sought. For convicted persons (Art. 14), the request must additionally include a copy of the final judgment, certification that it was not an in absentia conviction rendered without guarantees of a new trial, and an indication of the remaining sentence to be served.
Grounds for refusal
Law 24,767 establishes a system of grounds that preclude the granting of extradition. These grounds reflect the constitutional values of the Argentine legal order and the international commitments assumed by the country in the field of human rights. They are classified into mandatory grounds, additional grounds, and sovereignty-related considerations.
Mandatory grounds (Art. 8)
Extradition must be mandatorily denied when any of the following circumstances is present:
- Political offense: when the act giving rise to the request is of a political nature or constitutes an offense connected with a political offense.
- Exclusively military offense: when the conduct constitutes only an infraction of the military disciplinary regime with no counterpart in ordinary criminal law.
- Special commission: when the person would be tried by a tribunal established specifically for the case, in violation of the guarantee of the natural judge (juez natural) enshrined in Article 18 of the National Constitution.
- Disguised persecution: when there are well-founded reasons to believe that the request is intended to persecute the person on account of their political opinions, nationality, race, sex, or religion.
- Risk of torture or cruel treatment: when there are well-founded reasons to suppose that the person could be subjected to torture or other cruel, inhuman, or degrading treatment or punishment in the requesting State.
- Death penalty: when the offense carries the death penalty in the requesting State, unless that State offers sufficient guarantees that such penalty will not be imposed or, if already imposed, will not be carried out.
What is not considered a political offense (Art. 9)
The law precisely delimits the conducts that cannot invoke the category of political offense to avoid extradition. Excluded are war crimes, crimes against humanity, acts of terrorism, attacks against heads of State or diplomatic officials, offenses against the safety of aviation or navigation, and those offenses with respect to which a treaty obligation to extradite or prosecute exists. This delimitation prevents the political exception from being used as a shield to evade responsibility for the most serious conducts under international law.
Additional grounds (Art. 11)
In addition to the mandatory grounds, extradition is also denied when:
- The criminal action or the sentence has been extinguished under the law of either State.
- The person has already been tried in Argentina or in any other country for the same act (ne bis in idem).
- The person is a minor under Argentine law.
- The conviction was rendered in absentia without the requesting State offering guarantees that the case will be reopened and the person will have the opportunity to fully exercise their defense.
- The requesting State does not offer guarantees that the time spent in detention during the extradition proceedings will be credited toward any sentence ultimately imposed on the person.
Sovereignty and public order (Art. 10)
Article 10 introduces a broader safeguard clause: extradition may be denied when there exist special reasons of national sovereignty, security, or public order or other essential interests of Argentina that make granting the request inadvisable. This ground affords the Argentine State a margin of political appreciation that is exercised during the executive phase of the proceedings.
Refugee status (Art. 20)
When the requested person holds refugee status and the extradition request comes from the country with respect to which such protection was granted, the request must be returned without further proceedings. This rule operates as an automatic protection that prevents even the initiation of the procedure, consistent with the principle of non-refoulement under international refugee law.
Limitation on the scope of debate in extradition proceedings. Article 30 of Law 24,767 provides that in extradition proceedings the existence of the alleged offense and the guilt of the requested person cannot be discussed. The debate is confined exclusively to verifying whether the legal conditions for the extradition to proceed are met. This means that the defense must focus on the grounds for refusal, the formal requirements, and the constitutional guarantees, rather than on proving innocence.
Procedure for passive extradition
The procedure for passive extradition in Argentina is structured in three successive phases: an administrative phase, a judicial phase, and an executive phase. Each serves a distinct function, and the participation of all three branches of government reflects the complex nature of this mechanism.
Administrative phase
The extradition request is received through diplomatic channels (Art. 19). The Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) is the initial recipient and performs an initial filtering function. It examines whether the conditions of Article 3 (existence of a treaty or reciprocity) and Article 10 (absence of grounds related to sovereignty, security, or public order) are satisfied, in addition to reviewing compliance with the formal requirements of the documentation (Art. 21).
If the Ministry considers that the request meets the necessary conditions, it forwards it for judicial processing through the Public Prosecutor's Office (Ministerio Publico Fiscal) (Art. 22). If, on the other hand, it believes there are grounds not to proceed, it refers the matter to the National Executive Branch (Poder Ejecutivo Nacional), which has the final say on whether the request moves forward or is rejected at this initial stage.
Judicial phase
The judicial phase is the core of the extradition procedure. It is conducted before a federal judge (juez federal) and proceeds through several clearly differentiated procedural stages.
1. Detention and initial hearing. Upon receipt of the request, the judge orders the detention of the requested person (Art. 26). The law establishes as a principle that during extradition proceedings neither release on bail (excarcelacion) nor exemption from imprisonment (exencion de prision) is available, except for the exceptions expressly provided. Within twenty-four hours, the judge holds a hearing (Art. 27) in which: the person is informed of the grounds for the request and the content of the application; the appointment of defense counsel (either privately retained or court-appointed) is ensured; the person's statements are recorded; and the possibility of consenting to extradition after consultation with counsel is offered. If the person does not speak Spanish, an interpreter is appointed.
2. Voluntary consent. At any stage of the proceedings, the requested person may freely and expressly consent to being extradited (Art. 28). If consent is given, the judge rules without further proceedings, which brings the judicial phase to a close. Extradition by consent is granted only if the requesting State guarantees that, in the event of acquittal, it will bear the cost of the person's return.
3. Citation for trial. If the person does not consent, the judge orders the citation for trial (citacion a juicio) in accordance with the rules governing summary proceedings (procedimiento correccional) under the National Code of Criminal Procedure (Arts. 354 and 405 CPPN) (Art. 30). No more than fifteen days may elapse between the citation and the hearing.
4. Offering and production of evidence. Both the defense and the prosecutor offer such evidence as they deem pertinent. Documentary evidence is introduced at the hearing: the record of the formal request, the documents pertaining to the detention, the requesting State's documentation (arrest warrant, indictment, legal texts, factual narrative), Interpol reports, immigration records, socio-environmental reports, and any other material that the parties consider relevant. The judge may order supplementary investigation and additional evidentiary measures if deemed necessary.
5. Oral hearing. The extradition trial is conducted through an oral hearing (debate oral), which is public and adversarial, with the participation of the prosecutor (who represents the interest in extradition), the defense counsel for the requested person, and, where applicable, an agent of the requesting State (Art. 25). The hearing has an object strictly delimited by Article 30: it may address only the conditions that the law requires for the extradition to be admissible. No discussion whatsoever regarding the existence of the alleged offense or the guilt of the requested person is permitted. The defense's arguments must focus on the grounds for refusal, the formal requirements, the constitutional and treaty-based guarantees, and the relevant personal circumstances of the requested person. Testimony, expert evidence, documentary exhibits, and closing arguments may all be presented at the hearing.
6. Intervention of other bodies. Depending on the circumstances of the case, other agencies may intervene. If the person has minor children in Argentina, the Defensoria de Menores (Minors' Defense Office) is called upon to issue an opinion on the impact of the extradition on the best interests of the child. If the person has initiated a refugee application, information is requested from CONARE (Comision Nacional para los Refugiados -- National Refugee Commission). These elements are incorporated into the hearing and considered by the judge at the time of ruling.
7. Judgment. The judge renders a judgment declaring the extradition admissible or inadmissible (procedente o improcedente) (Art. 32). If the extradition is declared inadmissible, the denial is final and binding: neither the Executive Branch nor any other body may reverse it. If it is declared admissible, the judgment is limited to that declaration and the case file is forwarded to the Ministry of Foreign Affairs for the executive phase.
Appellate remedy: ordinary appeal before the Supreme Court (recurso ordinario ante la CSJN)
The extradition judgment -- whether declaring admissibility or inadmissibility -- is subject to the ordinary appeal (recurso ordinario de apelacion) before the Supreme Court of Justice of the Nation (Corte Suprema de Justicia de la Nacion -- CSJN) (Art. 33). This is a specific appellate remedy provided for in Law 24,767, with suspensive effect (efecto suspensivo). This means that while the appeal is pending, the extradition cannot be executed.
If the appeal challenges a judgment that declared the extradition inadmissible, the person is released on bail (caucion) during the appeal proceedings, subject to a prohibition on leaving the country. The direct intervention of the Supreme Court as the appellate tribunal in extradition matters reflects the institutional gravity of the proceedings and the need to ensure judicial review of the highest level over the decision to surrender a person to the jurisdiction of another State.
The Executive Branch may deny extradition even after judicial approval. Article 36 of Law 24,767 provides that even when extradition has been declared judicially admissible, the National Executive Branch retains the power to deny it by invoking the grounds set forth in Articles 3 and 10 (absence of reciprocity, reasons of sovereignty, security, or public order). If the Executive Branch does not issue a decision within ten business days of receiving the case file, the extradition is deemed granted.
Executive phase
In the executive phase, the National Executive Branch (Poder Ejecutivo Nacional) has the final word. Even where the judge has declared the extradition admissible, the Executive may deny it by invoking the grounds of Articles 3 and 10 (Art. 36). It is also at this stage that the national's option (opcion del nacional) is resolved when applicable (Arts. 12 and 36). If the Executive Branch does not issue a decision within ten business days, the extradition is deemed granted.
Once the extradition has been definitively granted, the person must be transferred to the requesting State within a period of thirty days, extendable by an additional ten days (Art. 38). If the transfer is not completed within that period, the person must be released and the request cannot be renewed.
Detention, Interpol red notices, and coercive measures
The detention of the requested person may occur through various channels. Law 24,767 regulates provisional arrest (arresto provisorio) (Arts. 44-52) as an urgent precautionary measure that allows the person to be secured before the formal extradition request is submitted. In practice, this detention operates as a genuine preventive imprisonment (prision preventiva) ordered within the framework of extradition proceedings, with all the guarantees that this entails.
Interpol red notices
One of the most frequent scenarios occurs when a person is detected through an Interpol red notice (notificacion roja). These alerts are loaded into immigration control and security systems and may be triggered under various circumstances: upon entering or leaving a country through a border control point, when conducting an immigration procedure before the National Immigration Office (Direccion Nacional de Migraciones) (for example, a residency application), or even during a routine check. Once the alert is detected, authorities proceed with detention and place the person at the disposal of the competent federal judge.
Grounds for detention and time limits
Provisional arrest may occur in three scenarios: upon formal request from the requesting State channeled through diplomatic channels or through Interpol (Art. 44, subsection a); when the person attempts to enter the country while being pursued from a neighboring country (Art. 44, subsection b); or when there is a valid Interpol red notice (Art. 44, subsection c). The request must contain identification data, the legal classification of the facts, the prescribed penalty, the existence of an arrest warrant, and a commitment to submit the formal request (Art. 45).
Within twenty-four hours following the detention, the judge must hold a hearing at which the person is informed of the reasons for their detention and the appointment of defense counsel is ensured (Art. 49). The maximum duration of this provisional detention is thirty days from the date the requesting State is notified, extendable by ten additional days (Art. 50). If the formal request is not received within that period, the person must be released. This time limit may vary depending on the applicable treaty: the treaty with the United States provides for 60 days, and the treaty with Russia provides for 40 days.
Alternative coercive measures
Preventive imprisonment is not the only coercive measure available in extradition proceedings. Depending on the circumstances of the case, the judge may order less restrictive measures designed to ensure the person's availability for the proceedings without actual deprivation of liberty. These include:
- Sworn bond (caucion juratoria): the person undertakes under oath to comply with the obligations imposed by the court
- Financial bond (caucion real): deposit of a sum of money or provision of a financial guarantee
- Prohibition on leaving the country: a restriction preventing the requested person from leaving Argentine territory
- Obligation to appear periodically before the court (for example, within the first days of each month)
- Fixed domicile (fijacion de domicilio): an obligation to reside at a specified address and to report any change of address
These measures are particularly relevant when the person obtains release on bail (excarcelacion) during the proceedings. The combination of several of them (for example, a sworn bond together with a prohibition on leaving the country and periodic court appearances) allows the judge to ensure the person's availability for the proceedings without keeping them detained throughout the entire process, which may extend for months or even years.
The national's option
Article 12 of Law 24,767 enshrines a specific protection for Argentine citizens: the right to opt to be tried by the courts of their own country rather than being extradited. This mechanism, known as the national's option (opcion del nacional), constitutes one of the most significant features of the Argentine extradition regime.
To exercise this option, the person must satisfy two conditions: Argentine nationality must have existed at the time the criminal act was committed and must continue to exist at the time the option is exercised. If both conditions are met, the national may express their will to be tried in Argentina, which results in the denial of the extradition.
When the option is exercised, the person is tried in Argentina under Argentine criminal law. However, for this to be feasible, an essential condition must be fulfilled: the requesting State must consent and transmit all the evidentiary materials necessary for the proceedings to be conducted. Without this cooperation from the requesting State, the trial in Argentina could not proceed adequately.
The national's option has an important exception. When a bilateral treaty expressly requires the extradition of nationals, the National Executive Branch is the one that decides whether to allow the exercise of the option (Art. 36). The differences among treaties on this matter are significant:
- The treaty with the United States expressly provides that extradition shall not be denied by reason of the nationality of the requested person. In this case, the national's option under Art. 12 is subordinated to the Executive Branch's decision.
- The treaty with Peru adopts a similar position: nationality is not a ground for refusal.
- The treaty with Russia, on the other hand, provides for nationality as a discretionary ground for refusal: the requested State may deny extradition if the person is its citizen, but is not obligated to do so. In the event of denial on this ground, it commits to prosecuting the person under its own legislation.
These differences illustrate why identifying the applicable treaty is essential: the same defense argument may succeed under one treaty and fail under another.
Principle of specialty and re-extradition
The principle of specialty (principio de especialidad) is one of the fundamental guarantees protecting the extradited person once they are within the territory of the requesting State. Article 18 of Law 24,767 provides that the surrendered person may only be tried for the offense that gave rise to the extradition and not for prior or different acts, unless Argentina expressly authorizes the expansion of the prosecution.
This principle also operates when the legal classification of the act is modified during the proceedings in the requesting State. If the new classification corresponds to an offense that would have permitted extradition under Argentine law, the proceedings may continue. But if the new classification would not have given rise to extradition, the prosecution may not proceed without Argentina's authorization.
The protection extends to re-extradition: the State that received the person may not surrender them to a third State without Argentina's prior authorization. This rule prevents extradition from being used as a bridge to transfer the person to a jurisdiction with which Argentina would not have consented to the surrender.
The principle of specialty admits three exceptions: that the person expressly waives this protection before Argentine diplomatic authorities with the assistance of an attorney; that the person, having had the opportunity to leave the territory of the requesting State, does not do so within thirty days after their definitive release; or that the person voluntarily returns to the territory of the requesting State after having left it.
"In extradition proceedings, the existence of the alleged offense or the guilt of the requested person cannot be discussed: the debate is confined to the conditions required by law."
Active extradition
Active extradition is the procedure whereby Argentina requests another State to surrender a person located within its territory in order to subject them to trial or to enforce a sentence imposed by Argentine courts. This modality is governed by Articles 62 through 72 of Law 24,767.
The process begins before the trial judge, who must issue an arrest warrant containing a precise description of the facts, their legal classification, and the grounds supporting the suspicion or conviction (Art. 63). This documentation is channeled through the Ministry of Foreign Affairs, which transmits it through diplomatic channels to the State where the sought person is located.
The active extradition process is governed by the rules of the treaty linking Argentina with the requested State. If no treaty exists, the domestic legislation of the State to which the request is directed applies, or the principle of reciprocity. The outcome of the request ultimately depends on the decision of the requested State in accordance with its own legal order, but the quality of the documentation and the reasoning of the Argentine request decisively influence the prospects of success.
Defense strategies
Defending a person sought in extradition proceedings requires a strategic approach focused on the legal conditions for admissibility, given that the proceedings do not allow discussion of the facts or the person's guilt. The principal lines of defense available under the regulatory framework are the following.
Analysis of dual criminality
The defense must rigorously examine whether the conduct giving rise to the request constitutes an offense in both jurisdictions. Differences in classification, in the elements of the offense, or in justification defenses may determine that dual criminality is not satisfied and, therefore, that the extradition is inadmissible.
Statute of limitations
Given that the expiration of the criminal action or the sentence constitutes a ground for refusal, the defense must analyze the limitation periods under both legal systems. If the action or the sentence is time-barred in either country, the extradition cannot be granted.
Constitutional guarantees
Respect for the right of defense, due process, and the prohibition of torture are inescapable conditions. The defense may argue that the conditions of the criminal justice system in the requesting State do not meet the minimum standards required by the Argentine legal order and by the international human rights instruments binding on Argentina.
Detention conditions in the requesting State
When there are well-founded reasons to believe that the person could be subjected to torture or cruel, inhuman, or degrading treatment in the requesting State, the defense must raise this circumstance as a mandatory ground for refusal. The burden of proof requires establishing concrete and verifiable indicia regarding prison conditions or the treatment of detainees in the country that has made the request.
In absentia conviction
If the person was convicted without having been present at trial, the defense must verify whether the requesting State offers effective guarantees that the proceedings will be reopened with the full participation of the convicted person. The absence of such guarantees precludes the granting of extradition.
Formal deficiencies in the request
The documentation accompanying the extradition request must comply with all the requirements set forth in Articles 13 and 14 of the law. The omission of essential elements -- such as the arrest warrant, the description of the facts, or the applicable legal texts -- may be invoked as a ground for inadmissibility.
Principle of specialty as subsequent protection
Even where extradition is granted, the principle of specialty operates as a guarantee accompanying the person in the requesting State. The defense must ensure that the conditions of the extradition are clear regarding the offense for which prosecution is authorized, in order to invoke this protection should the requesting State seek to expand the prosecution to other acts.
Credit for time in custody
The law requires that the requesting State guarantee that the time the person spent in detention during the extradition proceedings will be credited toward the sentence ultimately imposed. If this guarantee is not offered, it constitutes an additional ground for refusal and should be raised as a strategic consideration in the defense.
Last updated: March 2026. Applicable legislation: Law 24,767 (International Cooperation in Criminal Matters).