Financial Crime World

Lao PDR Embarks on International Cooperation in Extradition and Mutual Legal Assistance

The Lao People’s Democratic Republic (Lao PDR) has made significant strides in recent years to strengthen its international cooperation in extradition and mutual legal assistance, a crucial aspect of combating transnational crime and promoting global justice.

Strengthening Extradition Cooperation

According to the country’s Criminal Procedure Law (CPL), extradition may be carried out in accordance with treaties or international conventions that Lao PDR is subject to, or on the basis of reciprocity. The country has enacted treaties covering extradition matters with Vietnam, China, Thailand, Cambodia, and the Democratic People’s Republic of Korea.

Extradition Process

Extradition decisions are made by different government agencies responsible for extradition, including:

  • Ministry of Justice
  • Ministry of Foreign Affairs
  • Supreme Prosecutor’s Office
  • Ministry of Public Security

While there have been no extradition cases based on corruption offenses, at least four extradition cases were pending at the time of review, involving China, the Republic of Korea, and Malaysia.

Limitations on Extradition

Lao PDR does not extradite its citizens, although it has not addressed the requirement to prosecute. The country’s law also prohibits the conditional extradition of nationals to serve the remainder of their sentence in Lao PDR or enforce a foreign sentence in case of refusal.

Lao PDR provides assistance on a case-by-case basis under Article 118 of the CPL and existing treaties. The country has signed bilateral treaties with Vietnam, Democratic People’s Republic of Korea, and China, and is party to the ASEAN treaty on MLA in Criminal Matters.

Request for MLA

Requests for MLA are received and executed directly by competent authorities, such as:

  • Ministry of Public Security/INTERPOL
  • Ministry of Foreign Affairs
  • Financial Intelligence Unit

While Lao law requires dual criminality for MLA, it does not recognize the criminal liability of legal persons.

Bilateral Treaties on Prisoner Transfer

Lao PDR has established bilateral treaties with neighboring countries on prisoner transfer, including with the United Kingdom and Thailand. The country’s authorities are working towards adopting a prisoner transfer law to streamline the process.

Law Enforcement Cooperation

In addition to extradition and MLA, Lao PDR is actively engaged in law enforcement cooperation through:

  • INTERPOL
  • ASEANAPOL
  • Mechanisms of MLA

The country has also established bilateral treaties with neighboring countries on police cooperation and participates in regional initiatives such as the South East Asia Parties Against Corruption (SEA-PAC) mechanism.

Conclusion

Lao PDR’s commitment to international cooperation in extradition and mutual legal assistance is a significant step forward in its efforts to combat transnational crime and promote global justice. The country’s authorities are working towards strengthening these mechanisms to ensure effective cooperation with other countries and international organizations.