Like this: even though the defendant has not stepped foot into the country where the crime scene occurred, but are a third party accessory (maybe ordered the perpetrators to commit murder? maybe they abetted the perpetrators?) but don’t inherit the same passport or nationality.

There’s already a form of punishment from visa requirements meaning if the defendant has a passport from a “third world” country: their travel movement is restricted making any potential vacations a headache, but that alone doesn’t work if the defendant has a strong passport.

Regardless, the defendant hasn’t even been to the country in person where the crime took place but are considered a suspect due to their interactions with those on the ground who executed the crime in where it occurred. I mean, can you still subpoena a foreigner in absentia?

  • Em Adespoton@lemmy.ca
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    2 days ago

    Sure; you can do all sorts of things. What happens as a result depends on the agreements in place between the countries involved.

    The US, for example, has all sorts of Russians who have already had their day in court that they failed to show up for on international watch lists. They’ve been indicted for crimes at trial, had representation, but have never physically been in the country. But if they step foot in a country with an extradition agreement with the US, they’ll be arrested and sent to the US for sentencing.

    On the other hand, Sweden requires you to be physically present and able to acknowledge the charges against you before any proceedings can occur.

    • Snot Flickerman@lemmy.blahaj.zone
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      2 days ago

      On the other hand, Sweden requires you to be physically present and able to acknowledge the charges against you before any proceedings can occur.

      Which is why Julian Assange was holed up in that embassy for so long, to avoid heading to Sweden to face charges.

    • FuglyDuck@lemmy.world
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      2 days ago

      Indictment is not a conviction, or trial.

      it’s the process of formally charging someone with a crime- for example, a grand jury trial is not a “trial” in the sense that guilt is determined- evidence is provided by a prosecutor to a jury panel and they determine if there’s probable cause to go forward with the criminal trial. And your lawyer or representation isn’t even present for that.

      once you’re indicted, warrants will be sent out for your arrest so you can be formally arraigned and the process continues. but if you’re out of the country, that’ll wait until you come into the country.