Pakistan Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving Pakistan — Requested and Requesting State
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Case Law
Death penalty precludes not only extradition but also the adoption of precautionary measures
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Summary
Pursuant to Article 698(2) of the Italian Code of Criminal Procedure, where the offence for which extradition is sought is punishable by death under the law of the requesting State, extradition may be granted only where the judicial authority has ascertained that a final and irrevocable decision has been adopted imposing a penalty other than the death penalty or, if the death penalty has been imposed, that it has been commuted to a different sentence. This principle also applies at the stage preceding the decision on surrender—namely, the pre-custodial and custodial stages—which are closely interconnected and functionally preparatory to the final extradition decision; otherwise, there would be no legal justification for restricting, even temporarily and provisionally, the personal liberty of the person concerned. Accordingly, an arrest carried out by the judicial police under Article 716(1) of the Code of Criminal Procedure for extradition purposes in relation to an offence punishable by death under the law of the requesting State is unlawful; nor may a provisional coercive custodial measure be imposed for the same offence pursuant to Article 716(3) of the Code of Criminal Procedure.
15/05/2024 · Italian Supreme Court · 22945/2024
🇮🇹Italy → 🇵🇰Pakistan
DeniedExtraditionCountry Contributor
Saad Khan
SK Global Legal
Saad Khan is an International Legal Consultant and Attorney with experience in cross-border disputes, international arbitration, criminal defence, corporate advisory, regulatory compliance, constitutional practice and immigration matters.
He advises individuals, businesses, and international clients on complex legal issues involving multiple jurisdictions, delivering strategic, practical, and commercially focused legal solutions.
He is also the Founder of SK Global Legal, a legal consulting and litigation support firm serving law firms, businesses, and private clients across the United States, United Kingdom, Canada, and other international jurisdictions. He previously served as State Counsel at the Advocate General's Office, where he represented and advised the Government in constitutional, administrative, criminal, and public law litigation before the High Courts of Pakistan. Saad Khan was recognized as the Best Trial Lawyer of the Year (2025–2026) by the Bar Association Peshawar High Court, in recognition of his advocacy, courtroom excellence, and contributions to the legal profession. He was awarded Lifetime Membership of the Association.
Saad is also a Member of the International Bar Association (IBA), American Bar Association (ABA), Hong Kong International Arbitration Centre (HKIAC-HK45), International Association of Young Lawyers (AIJA), and life time member of the High Court Bar Association Pakistan
He advises individuals, businesses, and international clients on complex legal issues involving multiple jurisdictions, delivering strategic, practical, and commercially focused legal solutions.
He is also the Founder of SK Global Legal, a legal consulting and litigation support firm serving law firms, businesses, and private clients across the United States, United Kingdom, Canada, and other international jurisdictions. He previously served as State Counsel at the Advocate General's Office, where he represented and advised the Government in constitutional, administrative, criminal, and public law litigation before the High Courts of Pakistan. Saad Khan was recognized as the Best Trial Lawyer of the Year (2025–2026) by the Bar Association Peshawar High Court, in recognition of his advocacy, courtroom excellence, and contributions to the legal profession. He was awarded Lifetime Membership of the Association.
Saad is also a Member of the International Bar Association (IBA), American Bar Association (ABA), Hong Kong International Arbitration Centre (HKIAC-HK45), International Association of Young Lawyers (AIJA), and life time member of the High Court Bar Association Pakistan
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