(10 POINTS)
Lawrence is a Filipino computer expert based in Manila who invented a virus that destroys all the files stored in a computer. Assume that in May 2005, this virus spread all over the world and caused $50 million in damage to property in the United States, and that in June 2005, he was criminally charged before United States courts under their anti-hacker law. Assume that in July 2005, the Philippines adopted its own anti-hacker law, to strengthen existing sanctions already provided against damage to property. The United States has requested the Philippines to extradite him to US courts under the RP-US Extradition Treaty.
(a) Is the Philippines under an obligation to extradite Lawrence? State the applicable rule and its rationale.
(b) Assume that the extradition request was made after the Philippines adopted its anti-hacker legislation. Will that change your answer?
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1 comment:
III.
a.
The Philippines is not under obligation to extradite Lawrence because of the dual criminality rule. This rule provides that the offense for which a fugitive may be extradited should be considered a crime under the laws of both countries who signed the extradition treaty.
The rationale for this rule is that crimes are punishable only in the state where it is committed.
b.
No, because criminal laws are prospective in application. The anti-hacker law was not yet adopted by the Philippines when Lawrence committed the act punished in said law.
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