Arrest Warrant and Interpol Red Notice: What’s the Difference?

The modern world is faced with numerous challenges in the field of transnational crime. In order to effectively combat such threats, the legal systems of different countries develop and implement specialized tools. These include the International Arrest Warrant and the Interpol Red Notice. Despite sharing a common purpose, these instruments have different legal powers and jurisdictions, which plays a crucial role in their application. In order to solve problems with Interpol or an arrest warrant, it is better to have an Interpol Red Notice lawyer at your side.

What is an International Arrest Warrant?

International Arrest Warrant is an official document issued by the competent authorities of a country, which serves as a basis for detaining a person in another country with a view to their extradition. It is a legal act that is binding on the countries that are signatories to the relevant international agreements, such as the European Convention on Extradition of 1957. An international arrest warrant lawyer helps with legal issues related to different types of arrest warrants.

Types of Arrest Warrants

Arrest warrants vary by type and jurisdiction.

1. National Arrest Warrant: valid only within the borders of one country and applies to both citizens and foreigners present on the territory of that country.
2. International Arrest Warrant: Applies at an international level and requires coordination between countries for enforcement.
3. European Arrest Warrant: Used within the European Union and facilitates a simplified extradition procedure between EU Member States.

Each of these types of arrest warrants has its own characteristics and is regulated by international and national legal standards.

What is an Interpol Red Notice?

An Interpol Red Notice is an international search tool that serves as an official notification to the law enforcement authorities of all member states. Interpol wants the wanted person to be located and arrested, with a view to his or her possible extradition.

An Arrest Warrant and Interpol’s Red Notice play a crucial role in the international legal system. They are aimed at ensuring security and law and order, but have different legal powers and jurisdictions. An Arrest Warrant is a legally binding instrument within international agreements, while Interpol’s Red Notice is more of an information tool that requires a sovereign decision by each country. Understanding these differences allows for their effective use in the fight against international crime and the protection of citizens’ rights.

The legal authority of an international arrest warrant is binding in those jurisdictions where it is recognized in accordance with international treaties and national law. It implies that the State on whose territory the person sought is present is obliged to take steps to arrest and surrender the person to the requesting State.

Legal powers Red notice is not a legally binding document for arrest. It represents a request for assistance based on trust between states. Each state decides independently on the arrest of the wanted person, guided by national legislation.

The process and criteria for issuing an international arrest warrant:

1. Court decision: An international arrest warrant may only be issued following a decision by a court or other competent authority confirming that there are sufficient grounds for detention. This may include the presence of compelling evidence of an individual’s involvement in a crime.
2. The existence of an extradition agreement: an order can only be executed in those countries with which the issuing State has an extradition agreement. This is an important aspect of international cooperation, which ensures compliance with legal standards.
3. Double criminality: The crime for which a person is wanted must be recognized as such in both jurisdictions – both the country issuing the warrant and the country where the wanted person is located.

The process and criteria for issuing a red notice

1. Request by Member State: A State wishing to issue a Red Notice sends a request to Interpol, justifying the need for the search. The request must include information about the crime and the reasons for the search.
2. Interpol Assessment: The Interpol Secretariat evaluates whether a request complies with the organization’s Charter and international legal standards. A notification is only issued if all requirements are met.

The consequences for persons subject to an international arrest warrant and a Red Notice.

A person against whom an international arrest warrant has been issued can be detained in any country that recognizes this document. This entails legal and personal consequences, including the restriction of freedom and the initiation of extradition procedures.

A real-life example: a Ukrainian citizen, accused of money laundering, is hiding in Spain. Ukrainian authorities can issue an international arrest warrant to their Spanish counterparts, allowing Spanish authorities to arrest this person and carry out the extradition process back to Ukraine for legal proceedings.

A Red Notice can in turn affect the freedom of movement of the wanted person, making it difficult to cross borders and limiting the possibilities to seek asylum in other countries.

A real-life example: A Ukrainian citizen, accused of major fraud, is hiding in the US. Ukrainian authorities can request a red notice from Interpol. This notice would be distributed to all member states, informing them of the search for this person. However, an arrest in the US can only take place if there are appropriate legal grounds under US law.

International Legal Defense Lawyers

In the current reality of the international legal order, where issues of extradition and cross-border prosecution are becoming increasingly relevant, engaging a qualified lawyer is an integral part of an effective legal strategy.

If you or a loved one is faced with an international arrest warrant or an Interpol red notice, it is essential to seek advice from a specialist with experience and expertise in this area without delay. Your defense depends on timely and professional legal support.