Recognition and Enforcement of Foreign Criminal Judgments under the Law of Somalia

Abstract

The recognition and enforcement of foreign criminal judgments is a modality is opposite to the extradition of sentenced parsons for the execution of the punishment imposed on them. This is a traditional modality international judicial cooperation in criminal matters. Although it assists future execution proceedings in the country which has accepted the foreign judgment, this modality is not any part of them. Moreover, it is a specific procedure based on different principles. This procedure is rarely used; its efficiency is low. As a result, it constitutes a serious challenge to both lawmakers and judicial actors (criminal judges, prosecutors, investigators), especially in countries with outdated criminal legislation and weak criminal justice system, such as Somalia. This research paper describes the current situation and resorts to the comparative law approach, mainly. It aims at explaining Somali law on the recognition and enforcement of foreign criminal judgments to eventually, facilitate the process of turning Somalia into a predictable international partner in the common struggle of nations against crime.