La obligación aut dedere aut iudicare y su cumplimiento en España

Abstract

In order to fulfill their aut dedere aut judicare obligation, States must recognize the competence of their courts to prosecute events happening outside their territory, when the alleged responsible for their commission are found in his/her country. Considering as elements for a general analysis general multilateral treaties of which Spain is a contracting party, this paper aims at assessing the nature and scope of this obligation so as to determine if this kind of compliance is possible under the LOPJ (Spanish Law regulating the judiciary power). Finally, the present work comes up with several suggestions for the overall improvement of the situation and in order to avoid inconsistencies.