Case Number

CrimFH 532/93

Date Decided

8-16-1993

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: The petitioner was tried for murder in the United States. The trial was declared a mistrial after the jury failed to reach an unanimous verdict, and the prosecution cancelled the indictment, reserving the right to submit a new one.

The petitioner returned to Israel. The United States requested her extradition to stand trial for the same murder, and the District Court declared her to be extraditable. Her appeal to the Supreme Court was denied, but the President of the Supreme Court granted her application to hold a further hearing on the question of whether the defence of double jeopardy was relevant to the extradition proceedings.

The petitioner argued that although under American law she would not have a defence of double jeopardy, she would have this defence under Israeli law if tried in Israel, and therefore Israel should not extradite her to the United States.

Held: If tried in Israel, the petitioner would not have a defence of double jeopardy under Israeli law. She was therefore extraditable.

Keywords

Administrative Law -- Discretion, Criminal Law -- Criminal Procedure

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