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Question on international law - a person from Poland caught and extorted in the USA

17 Dec 2017 #1
If someone were to extort or attmept to extort a person in the united states but from poland, and they only threaten to reveal personal information about them like catching them look at illegal ****, and they arein a position of trust within their community or a position of authority (teacher) could the u.s. govt if they believe that perosn that he is being framed or for lack evidence blackmailed/extorted request extradition for extortion or blakcmail charges to the polish citizen? or would poland have to try that perosn and he would have to break polish laws for anything to happen to that person? because i looked at estortion laws and in poland it has to be a crime, simply threatening to expose someone even if its proven true or false or whatever or happened long ago as long as its not physical threat or threat of crime its not illegal wuilein the is (simply damaging reputation). so can someone confirm me how international law works.
jgrabner 1 | 71
17 Dec 2017 #2
There is an extradition treaty between Poland and the US:

If the action committed is punishable only in one of the two states or has a maximum sentence of lower than one year imprisonment, extradition is not possible. So if the Polish national is residing in Poland and did something that is a crime in the US but not in Poland, he will not be extradited. And he will not be tried in Poland either. He has to be careful though to never leave Poland before checking the relevant extradition treaties of the states he is going to travel to.

If the action is punishable in both countries, usually the perpetrator is tried in his home state (if he is physically located there) und the rule of local laws since nations rarely extradite their own citizens. These provisions are normally used for extraditing foreign nationals.

If the person on the other side is physically present in the state where the alleged offence took place, the question of extradition is moot. A polish national who committed a crime in the US will be tried there under their laws regardless of Polish law and there is no way that Poland could get him back home under any provisions. That would be only possible via the diplomatic route and that is reserved for very high profile cases in extraordinary circumstances.

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