Fraud Extradition Request From Bulgaria Successfully Opposed

Our specialist Extradition Solicitors yet again teamed-up with our renowned Fraud Solicitors to successfully resist a Fraud related Extradition request to Bulgaria.  

Our client was convicted and sentenced to 18 months' imprisonment in Germany for a €300,000 Fraud.  Meanwhile, in his absence, the Bulgarian authorities convicted him of the same offence, plus one other offence involving similar facts but a different victim. He was sentenced to five years' imprisonment for the first offence and no separate penalty was imposed for the second.  

The Divisional Court held that double-jeopardy barred Extradition in respect of the first offence, but also on the second; since, if extradited, he would face serving a sentence for which no penalty had originally been imposed.  

The court thereby distinguished the approach adopted in Brodziak v Poland [2013] EWHC 3394 (Admin) and found specialty protection could not remove the risk of double-jeopardy.