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1Scan for outdated or missing drivers - takes under a minute2Clear out junk files and repair common Windows errors3Fix the driver behind crashes, sound loss and screen glitchesExtradition is the formal process by which one country asks another to surrender a person for criminal proceedings or to serve a sentence. A foreign cybercrime accusation does not automatically lead to extradition: the outcome depends on the legal basis for the request, the laws and treaties that apply between the countries, the alleged offences and penalties, and any grounds for refusing the request.
What extradition does—and what it does not do
Extradition concerns a person, not the transfer of digital evidence. A requesting state seeks the person’s surrender so that its authorities can pursue a criminal case or enforce a sentence. The requested state considers the request under its own law and any applicable extradition treaty.
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That makes extradition different from a foreign accusation, an arrest warrant, or a request for information. None of those, by itself, establishes that another country must surrender someone.
How the Budapest Convention can provide a framework
The Council of Europe’s Convention on Cybercrime, commonly called the Budapest Convention, includes an extradition provision in Article 24. Between Parties, it addresses extradition for offences established under Articles 2 through 11 when the applicable punishment threshold is met, or when an alternative threshold under an applicable arrangement or treaty applies.
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Depending on the requested state’s law and approach to treaty-based extradition, the Convention may provide a legal basis when the two states have no separate extradition treaty. It does not guarantee surrender: Article 24 makes the process subject to the requested state’s law and the conditions in applicable extradition treaties, including grounds for refusal.
When a request can be refused
There is no single universal list of outcomes for every country pair. The relevant treaty relationship, domestic rules, offence, potential penalty and refusal grounds all matter. A court or government in the requested state may need to assess the case under those rules before deciding whether surrender is allowed.
Article 24 also addresses a particular situation: if extradition for a covered offence is refused solely because the person is a national of the requested state, or because that state considers itself to have jurisdiction, the requesting state may ask for the case to be submitted to the requested state’s competent authorities for prosecution. This is a conditional route for consideration, not a guarantee that prosecution will occur.
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Extradition is not the same as obtaining electronic evidence
Cybercrime cases may involve data stored or controlled in another country. The Budapest Convention provides for mutual assistance, and its Second Additional Protocol adds cooperation and disclosure tools for electronic evidence. Those mechanisms can help authorities obtain or preserve evidence; they do not, on their own, surrender a suspect.
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The Council of Europe describes these forms of cooperation as operating alongside other treaties, reciprocal arrangements and relevant domestic law. The Protocol’s cooperation tools also involve safeguards concerning human rights, the rule of law and personal-data protection.
What determines the answer in a particular case
A useful assessment starts with the specific countries and alleged conduct. Check each of the following against current official treaty and government information:
- Treaty relationship: Are both countries parties to the relevant treaty, and is it in force between them? Declarations and treaty status can affect how the rules apply.
- Covered conduct and penalty: Does the alleged offence fall within the relevant provisions, and does it meet the applicable punishment threshold?
- Domestic requirements: What do the requested country’s laws and any bilateral or multilateral extradition treaties require?
- Possible refusal grounds: Which grounds apply, and does a refusal leave another process available, such as a request to refer the case for prosecution?
- Purpose of cooperation: Is the immediate request to surrender a person, or to obtain or preserve evidence? Those are different legal processes.
Because authorities, declarations and treaty participation may change, verify current information for both countries rather than relying on a general description of the Convention.
What the available figures do—and do not—show
The Council of Europe reported that, by December 2025, 164 states used the Budapest Convention as a guideline or source for domestic legislation. That figure describes the Convention’s broader influence; it is not a count of extradition requests, extraditions completed or success rates. The cited official material does not establish a verified international cybercrime extradition count or success rate.
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