8 months ago
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The case was sent back for a new hearing with a requirement for a clearer and more complete analysis of all relevant details.
Do Kwon, the founder of Terra, has successfully avoided extradition to the US, as the Montenegrin Appeals Court overturned last month’s Supreme Court decision. The court’s ruling, announced on Tuesday, accepted the appeal of Kwon’s defense team, citing significant procedural violations in the initial extradition process.
The case, initially decided by the Higher Court in Podgorica, had approved the extradition of Kwon to the US for multiple financial offenses. However, the Appeals Court found that the first-instance court’s decision lacked clear reasoning regarding the order in which the extradition requests were received, a crucial factor in the case.
According to the Appeals Court, the first-instance court based its decision solely on the arrival dates of documents with receipt stamps instead of considering all relevant information. They ignored documents suggesting the US request might have arrived after the South Korean request.
Additionally, the first-instance court did not analyze the content of a key document from the Ministry of Justice. This document showed that the US initially requested temporary detention, not extradition, which are different legal procedures. The Appeals Court questioned the classification of a US document requesting temporary detention as an extradition request.
Due to the identified legal issues, the Appeals Court deemed the initial decision flawed and returned the case for a new hearing, demanding a more thorough examination of all relevant details.
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