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Question 4

2025 Bar · Political Law · 1 sub-question

4. In 2022, A started an investment company while he was in France, during which, he allegedly embezzled funds amounting to EUR 25 million before absconding and returning to the Philippines in 2023 where he again was said to have acquired, through fraud, PHP 13 million from various investors. As a result, criminal proceedings in France were instituted against A in 2024. No similar criminal proceedings though were instituted in the Philippines. To legally try A for his crime, the French government sought the extradition of A to France, arguing that the Philippines had an obligation to either extradite or prosecute A. France argued that since the Philippines has not yet prosecuted A, it now has an obligation to extradite under international law despite the absence of an extradition treaty between France and the Philippines. Is France correct? Reason(s). 2

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