A query about matrimonial case

[abrakadbabra]

Hi,

Can a person (currently legally residing in Denmark on work-residence permit) be deported/extradited from Denmark if he becomes convicted or wanted in his home country for any domestic violence case (matrimonial matter)? What will be the Danish authorities reaction if court or police from his home country contact them for deporting him specially, if Denmark does not have any extradition treaty with that country.

Regards
abrakadabra

[mh1]

It depends on so many parameters whether domestic violence is grounds for extradition that it is not possible to answer categorically yes or no.

Denmark MAY decide to extradite even to a country with which there is no treaty, if the crime is considered a crime according to Danish law too. Domestic violence IS a crime according to Danish law. But other things will be taken into consideration too.

[abrakadbabra]

@mh,

thank you for your response. Much appreciated.
some more information

husband is a legal immigrant here on danish work-residence permit for almost 5 years.
there has been no domestic violence ever in Denmark when wife was staying with husband here and she deserted him on her own accord. and, its been almost 3 years since she left him and there has been no contact between them till now. but now she is planning to extort money from him by putting false cases of domestic violence against him in home country. infact there has been no domestic violence in home country also but to prove it husband will has to travel back to home country which he wants to avoid at any cost. Yes, she is greedy and wants money (huge sum)
what do you think are the chances of wife getting him out of denmark? do you know any lawyer who can give good answer about this? and are there any prelimary precautions that I can take beforehand.
Regards

[mh1]

I should think the Danish courts would not extradite in such a case.

I don't know which country it is, but all countries have a statute of limitation on most crimes, some (such as Turkey) even have it on murder.

The Danish court will have to consider the case, if they get an extradition petition.

The Danish court would most likely apply the Danish statute of limitation rules and the Danish maximum penalty for the crime.

Depending on whether the alleged violence is 'ordinary' or 'aggrieved', the statute of limitation is 5 years or 10 years.

I would think - but I am a International Family Law expert, not International Penal Law expert - that the Danish court would also evaluate the probability of the allegations'/court decision's being true.

[abrakadbabra]

dear mh,

thanks for your reply.

I have sent you a PM.

Regards