of Montenegro Terra (LUNA) Once again, the Viši Sud (Supreme Court) will decide to whom to extradite founder Do Kwon. This decision came after the Court of Appeal approved his and his defenders’ appeal, overturning the decision of his colleagues in the Viši Sud. The case was sent back to the first instance court for retrial and decision.
The first instance decision of the Viši Sud in Podgorica found that the legal preconditions for the extradition of South Korean citizen Kwon Do Hyeong were met. This was for criminal prosecution for multiple criminal offenses at the request of South Korea and the United States.
However, the Court of Appeal council ruled that the decision constituted a significant breach of criminal procedure provisions.
The right to a reasoned decision, which includes clearly explaining the court’s views on the legal and factual issues on which the decision is based and presenting the basic justifications, was emphasized. This right is based on the principle contained in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which is related to the protection of the individual from arbitrary punishments, that is, the protection of the principle of the rule of law.
*This is not investment advice.
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