Montenegro Appeals Court Overturns Extradition of Terraform Labs Co-Founder Do Kwon

Montenegro Appeals Court Overturns Extradition of Terraform Labs Co-Founder Do Kwon

In a surprising turn of events, Montenegro’s appeals court has recently overturned the extradition request for Do Kwon, co-founder of Terraform Labs. This decision comes after reports that Justice Minister Andrej Milovic had initially agreed to the extradition. As a result, Kwon will remain in Montenegro for the time being, while the case is sent back to the lower court for further evaluation and ruling. It is worth noting that the appeals court’s decision to halt Kwon’s extradition was due to a violation of specific legal protocols, as the court exceeded its jurisdiction in this matter. However, it is ultimately up to the Justice Minister to make the final decision on whether Kwon will be extradited, as he is the one with the authority in such cases. Despite facing legal challenges from both the U.S. and South Korea, Kwon has consistently denied all allegations of fraud.

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Kwon to Remain in Montenegro, Decision Lies With Justice Minister

For the time being, Do Kwon, the co-founder of Terraform Labs, will remain in Montenegro as the appeals court has overturned the extradition request made by the United States. This decision comes after reports that Justice Minister Andrej Milovic had informally agreed to the extradition. The case has now been remanded to the lower court for further evaluation and a fresh ruling.

Overturned Extradition Request

The Appeals Court Council in Montenegro made the decision to overturn the Higher Court in Podgorica’s ruling to extradite Do Kwon to the United States. This reversal means that Kwon will not be extradited at this time. The court’s decision was based on a violation of specific legal protocols as per the Montenegrin Criminal Procedure Code.

Case Remanded to Lower Court

With the appeals court overturning the extradition request, the case has been sent back to the lower court for a new evaluation and ruling. This means that the lower court will have the opportunity to review the evidence and arguments presented in the case and make a fresh decision regarding Kwon’s extradition.

Violation of Legal Protocols

The appeals court determined that the Higher Court in Podgorica had violated specific legal protocols in the extradition process. The court had exceeded its jurisdiction, as its role is only to verify the legal grounds for an extradition request. The actual power to suspend or defer the extradition lies with the Minister of Justice, according to Montenegrin legislation on international legal assistance in criminal matters.

Court’s Limited Jurisdiction

The decision made by the appeals court highlights the limited jurisdiction of Montenegro’s courts in extradition matters. While the court can review the legal grounds for extradition, it does not have the authority to make the final decision on whether to extradite an individual. That responsibility lies solely with the Minister of Justice.

Minister of Justice’s Role

The ultimate decision on Do Kwon’s extradition now rests with Montenegro’s Minister of Justice. It is the minister who has the authority to approve or deny the extradition request. The minister will consider various factors, including legal considerations and any diplomatic implications, in making this important decision.

Legal Challenges Faced by Kwon

Do Kwon is currently facing significant legal challenges from both the United States and South Korea. He has strongly denied all allegations of fraud that have been filed against him. The charges brought by the U.S. Securities and Exchange Commission (SEC) and South Korean financial authorities include commodities fraud, securities fraud, wire fraud, and conspiracy to commit fraud and manipulate the market.

Refuting Allegations of Fraud

Despite the allegations of fraud, Do Kwon continues to maintain his innocence and refute the charges against him. He will have the opportunity to present his defense in the lower court, which will conduct a fresh evaluation of the case. Kwon’s legal team will likely present evidence and arguments challenging the validity of the allegations made by the SEC and South Korean authorities.

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Charges Filed by SEC and South Korean Authorities

The charges against Do Kwon have been filed by both the U.S. Securities and Exchange Commission (SEC) and South Korean financial authorities. These charges carry serious legal consequences and the potential for significant penalties if Kwon is found guilty. The allegations of commodities fraud, securities fraud, wire fraud, and conspiracy to commit fraud and manipulate the market are highly complex and will require a thorough examination by the courts.

Ultimate Decision with Justice Minister

While the appeals court has overturned the extradition request, the final decision regarding Do Kwon’s extradition rests with the Minister of Justice. The minister will carefully consider all relevant factors before making a determination. This decision will have significant implications for Kwon and the ongoing legal proceedings against him.

What do you think about the appeals court decision concerning Do Kwon’s extradition request? Share your thoughts and opinions about this subject in the comments section below.

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