Another negative outcome could be the healing of the hands of the law enforcement authorities in the requesting country, insofar as their efforts led to the fabric of evidence in whose name the extradition was requested. It is clear that the interest of the requesting State, in investing resources in collecting evidence against a person, is that this will enable him to be brought to justice. A deep gap between this expectation and the result resulting from the man's non-extradition is liable to cast a shadow over the willingness of the state seeking to act in the field of detectives and investigations against criminals who may be extradited to justice, but because of the unwillingness to extradite them. This is liable to harm both the requesting country and the requested state, and their joint fight against crime, and in the language of the Supreme Court of Canada in the United States of America v. Cotroni [1989] [122], at p. 1494:
“... what initiative would law enforcement agencies in one country have to investigate a crime that could not be successfully prosecuted?”.
A person will be prosecuted before his "natural" legal system
- The main purpose of the institution of extradition is related to the principle that it should allow the "natural judge" of a defendant to hear his case. Extradition laws are not indifferent to the special matter of a legal system that maintains a close connection to the act of the offense, to prosecute - And it is precisely - its performers. This is the connection about which he said President Barak In Parashat Sheinbein [44],
p. 638 Because "...By virtue of such a connection, the judges of Israel can be seen as 'His Natural Judges'" of Adam.
What is that connection that gives a particular legal system its character as the "natural" system, which has the precedence among all legal systems that maintain a connection to an act of offense? A response to this requires a return to the issue of competition between the methods and the question of "choice of applicability", which, as I noted earlier, is a matter of internal law of the requested state. Many times ready