Terra co-founder Do Kwon successfully challenged extradition from Montenegro for the second time
The Board of the Court of Appeal of Montenegro has satisfied the complaint against the decision of the previous instance, according to which the former co-founder of Terraform Labs should be extradited to the United States or South Korea.
Do Kwon's lawyers have overturned the verdict of the Podgorica High Court on December 29, 2023, returning the case to the first instance for reconsideration.
The Board of the Court of Appeal concluded that the decision of the Podgorica High Court was influenced by significant violations of the provisions of the criminal procedure. Namely, it is unclear from the wording of the decision: what exactly is the basis for making a decision on extradition.
In addition, the court of first instance did not take into account that in this particular case we are talking about a shortened extradition procedure, and in accordance with article 29 of the Law on International Legal Assistance in Criminal Matters, the decision is made by the court, not the Minister of Justice.
