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In Paraguay, extradition law rests on three core pillars: the National Constitution, international treaties ratified by Paraguay, and general criminal procedure rules. There is no stand-alone, standalone “Extradition Law” codified as a single statute. Instead, extradition is governed by how these sources interact in practice during a formal surrender process. This structure means both constitutional protections and treaty obligations shape every case.
Paraguay generally requires that extradition requests come from a foreign state and proceed through a judicial and diplomatic process. The Supreme Court of Justice and the Public Ministry participate to ensure due process, rights of the person, and compliance with international human rights standards. When a request involves Paraguayan nationals, the Constitution typically restricts extradition, with possible exceptions only through treaty or special provision.
Recent trends emphasize regional cooperation and human rights safeguards in extradition, in line with Mercosur practices and the work of international bodies. These trends underscore a careful balance between international cooperation and individual rights in Paraguay.
Extradition proceedings must respect the principle of due process and fundamental rights as per regional standards.
Source: Inter-American Commission on Human Rights (IACHR)
Paraguay also participates in mutual legal assistance in criminal matters (MLA) as a mechanism to obtain evidence and facilitate investigations across borders. MLA arrangements often accompany extradition requests and may include cooperation on asset freezes, witness protection, and data sharing. These arrangements help ensure that cases proceed efficiently while protecting defendants' rights.
Scenario 1: A foreign extradition request targets a non-Paraguayan resident detained in Paraguay for alleged drug trafficking. A lawyer helps evaluate the legal basis of the request, the potential defenses, and whether rights are being protected during police custody and the court process.
The attorney can identify grounds to challenge the extradition on treaty limits, double jeopardy concerns, or political offense arguments before the Supreme Court of Justice. A skilled attorney also coordinates with the Public Ministry to ensure proper procedure and timely handling.
Scenario 2: A Paraguayan citizen faces extradition to another country for alleged crimes abroad. Because the Constitution typically restricts extradition of nationals, counsel is essential to assess exceptions via treaty, or to pursue asylum or other protective avenues if applicable.
A lawyer can frame arguments around the right to a fair trial, non-refoulement considerations, and any available political offense defenses. They can also manage translations, deadlines, and hearings to protect the client’s interests.
Scenario 3: An extradition request includes a request for mutual legal assistance (MLA) for evidence and asset tracing. A legal professional helps separate MLA procedures from full extradition, ensuring privacy rights and proper handling of sensitive information.
Attorneys can negotiate the scope of MLA, confirm admissibility of evidence, and coordinate with Paraguayan authorities to prevent procedural delays that could affect extradition timing.
Scenario 4: A corporate executive or public official is implicated in cross-border crimes. Extradition cases in this category often involve complex political or public interest considerations where experienced counsel can preserve rights while addressing immunity or privilege issues.
An attorney can advise on the special rules that may apply to officials, ensure that investigations stay within legal boundaries, and help plan defense strategy across multiple jurisdictions.
Scenario 5: There are potential human rights concerns or a risk of improper detention during extradition proceedings. A lawyer can seek interim protections, such as stays of surrender or independent review, to avoid irreversible harms.
Legal counsel also helps document rights violations and pursue remedies through appropriate Paraguayan courts or international bodies if necessary.
Scenario 6: You need counsel to assess timelines and costs before agreeing to a surrender package. Extradition matters involve court hearings, translations, and possible appeals that can extend for months or years.
A seasoned attorney provides a clear budget, outlines likely timelines, and identifies which steps can be expedited or appealed.
Constitución Nacional de la República del Paraguay (vigente desde 1992, con reformas subsecuentes). Este documento regula principios fundamentales, incluyendo limitaciones a la extradición de nacionales y la necesidad de cumplimiento con tratados internacionales para la entrega de personas a otros estados.
Código Procesal Penal (aplicación general a procesos penales en Paraguay). Aunque no es una ley de extradición por sí misma, establece el marco procesal para detenciones, garantías procesales, y procedimientos judiciales que pueden incluir procedimientos de extradición y entrega de personas.
Tratados Internacionales de Extradición y Asistencia Judicial Mutua ratificados por Paraguay. Estos acuerdos, cuando existen, definen bases para la extradición y la cooperación en materia penal, y pueden contener criterios específicos, salvaguardas y procedimientos que se deben seguir.
Extradition is the formal surrender of a person to another country for prosecution or punishment. It starts with a formal request from the requesting state, followed by judicial review and diplomatic channels to authorize surrender.
You can challenge on grounds such as constitutional protections for nationals, treaty limits, non-extradition due to political offenses, or due process concerns. A lawyer assesses the specifics of your case and rights under Paraguayan law.
Extradition concerns surrender of a person for trial abroad. Mutual legal assistance focuses on obtaining evidence or other cooperation, without surrendering the person.
Durations vary widely, from several months to over a year, depending on case complexity, the number of jurisdictions involved, and appeals. Your attorney can provide a more precise timeline after reviewing the records.
Yes. A qualified lawyer with international-extradition experience helps protect your rights, interpret treaty provisions, and present defenses before Paraguayan courts.
Typically, the Constitution restricts extradition of nationals, with possible exceptions through treaties or special circumstances. Each case requires careful constitutional and treaty analysis.
In some scenarios, seeking asylum or other protections could be appropriate. A lawyer can advise on strategy and timing to maximize protection while complying with legal obligations.
Costs vary by firm, case complexity, and duration. Expect fees for consultation, document review, court appearances, translations, and potential appeals.
Yes. Courts typically require identity documents, travel history, and any communications from the requesting state. A lawyer will guide you on which documents are needed and how to present them.
The Supreme Court of Justice reviews extradition requests and ensures compliance with constitutional protections and applicable treaties. The Public Ministry participates to supervise the proceedings.
Notify your lawyer immediately and consider filing protective motions or appeals. Early intervention often improves outcomes and preserves your rights.
Prepare the foreign request, any detention orders, your travel and criminal history, and any prior communications with authorities. Bring translations if available.
Inter-American Commission on Human Rights (IACHR) - Monitors and promotes human rights standards in the Americas, which influence due process in extradition cases. https://www.oas.org/en/iachr/
United Nations Office on Drugs and Crime (UNODC) - Provides guidance on international cooperation, mutual legal assistance, and extradition practices. https://www.unodc.org
Mutual legal assistance and extradition require careful respect for human rights standards and proper legal procedures across borders.
Source: UNODC
Interpol - Provides information on extradition processes, international cooperation, and red notices that may be relevant in cross-border cases. https://www.interpol.int/How-we-work/Legal-affairs/Extradition
Identify your goal and jurisdiction - Determine whether the matter involves extradition, MLA, or a hybrid case, and confirm the exact requesting country.
Find a Paraguayan attorney with international-extradition experience - Look for lawyers who list extradition, mutual legal assistance, and cross-border defense on their practice areas.
Schedule an initial consultation within 1-2 weeks - Bring the foreign request, detention orders, and any translations or prior communications.
Gather and organize documents - Collect identity papers, travel history, criminal records, and any correspondence with authorities, translated if needed.
Develop a defense strategy with your lawyer - Discuss constitutional grounds, treaty obligations, and possible appeals or stays of surrender.
Assess costs and timelines with your attorney - Obtain a written estimate for consultation, hearings, translations, and potential appeals.
Implement the plan and monitor progress - Attend hearings, respond to requests promptly, and adjust strategy as new information arises.
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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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