In an international cybercrime case, extradition is the formal process by which one country asks another to surrender a person for criminal proceedings or to serve a sentence. A foreign accusation does not automatically lead to extradition: the legal basis, both countries’ laws, the alleged offence and its penalty, and any applicable refusal grounds all matter.
What extradition does—and what it does not
Extradition concerns the transfer of a person from the country where they are located to another country that seeks them for a criminal case or sentence enforcement. It is governed by the requested country’s law and any extradition treaty that applies between the states.
A request is not itself a ruling that the person is guilty, nor does it guarantee that the requested country will surrender them. Whether it can proceed depends on the legal framework and the circumstances of the case.
How the Budapest Convention can provide a framework
The Council of Europe’s Convention on Cybercrime, commonly called the Budapest Convention, includes extradition rules in Article 24. Between Parties, those rules cover offences established under Articles 2 through 11 when the relevant punishment threshold is met. An applicable extradition arrangement or treaty may provide an alternative threshold.
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Depending on the requested country’s approach to treaty-based extradition, Article 24 may serve as a legal basis when there is no separate extradition treaty between the two countries. It does not create an unconditional obligation to surrender someone: extradition remains subject to the requested country’s law and the conditions and refusal grounds in applicable treaties.
When extradition is refused on particular grounds
Article 24 addresses a specific situation in which extradition for a covered offence is refused solely because the person is a national of the requested country, or because that country considers itself to have jurisdiction. At the requesting country’s request, the case is to be submitted to the requested country’s competent authorities for prosecution. This is a conditional mechanism, not a guarantee that a prosecution or conviction will follow.
Extradition and electronic-evidence cooperation are different
A cybercrime investigation may need information held in another country, such as electronic evidence. International cooperation tools can assist with obtaining or preserving that evidence, but they do not surrender a suspect. The Budapest Convention provides mutual-assistance mechanisms, while its Second Additional Protocol provides enhanced cooperation and disclosure tools for electronic evidence, with safeguards concerning human rights, the rule of law, and personal-data protection.
| Question | Extradition | Evidence cooperation |
|---|---|---|
| What is sought? | The surrender of a person for criminal proceedings or sentence enforcement. | Assistance with obtaining or preserving evidence, including electronic evidence. |
| What does it accomplish? | May transfer the person to the requesting country if the applicable rules permit. | May help an investigation access evidence across borders; it does not itself transfer a suspect. |
| What framework may be relevant? | Applicable extradition treaties, domestic law, and, between Parties, the Budapest Convention’s Article 24 rules for covered offences. | Mutual-assistance arrangements and other electronic-evidence cooperation mechanisms, including the Budapest Convention and its Second Additional Protocol where applicable. |
These forms of cooperation can operate alongside other treaties, reciprocal arrangements, and relevant domestic law. Which authorities and procedures apply depends on the countries and the request.
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What determines whether a particular request can succeed?
There is no single worldwide extradition rule for cybercrime. A practical assessment starts with the two countries and the alleged conduct, then checks the legal basis and the conditions attached to it.
- Treaty status: Determine whether both countries are Parties to a relevant treaty and whether it is in force between them. Declarations and designations may also affect how the rules operate.
- Offence and penalty: Check whether the alleged conduct is covered by the treaty relied on and meets the applicable punishment threshold.
- Domestic law and treaty conditions: Identify the requested country’s extradition rules and the requirements of any bilateral or multilateral treaty that applies.
- Possible refusal grounds: Establish which grounds may apply and whether a refusal on a particular ground triggers another process, such as referral to the requested country’s competent authorities for prosecution.
- Purpose of the request: Decide whether authorities are seeking a person or cross-border evidence; those goals rely on different cooperation mechanisms.
Treaty participation, declarations, and designated authorities can change. For a real case, the official treaty-status information and authority directories need to be checked for the countries concerned at the time of the request.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is known about extradition numbers?
The Council of Europe reported that 164 states were using the Budapest Convention as a guideline or source for domestic legislation by December 2025. That figure describes the Convention’s broader use; it is not a count of extraditions, cybercrime cases, or successful requests. No verified extradition count or success rate is established here.
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