The Canadian court found Meng Wanzhou guilty of "dual criminality", and the extradition procedure will continue!

Beijing time. 5 month 28 Early morning 1 spot , Morning local time in Vancouver, Canada 11 spot , After more than a year of investigation , today , Heather, deputy chief justice of the Supreme Court of Canada · Holmes （Heather Holmes） For Huawei before CFO The case of Meng Wanzhou finally made an adverse judgment —— Meng Wanzhou's alleged behavior is considered a crime in Canada , namely “ Double crime ” establish , Extradition proceedings will continue .

here , It's past since Meng Wanzhou was detained 543 God ！ The subsequent extradition hearing may be a difficult and protracted battle .

2018 year 12 month 1 Japan , Meng Wanzhou was arrested in Vancouver, Canada , The US government seeks to extradite her to the US for trial . And then , After three bail hearings , Meng Wanzhou was finally granted bail by the Canadian court , The condition is to pay 1000 Ten thousand dollars in bail , It also includes wearing a tracker on the ankle 、 Moving in a specific restricted area 16 Bail conditions .

For the reason why Meng Wanzhou was arrested , According to previous court records , The US authorities accused Meng Wanzhou and other Huawei representatives of conspiring to make false statements to many multinational financial institutions , Including a global financial institution that operates in the United States （ HSBC Bank ）. The content of the false statement involves Huawei's business , The point is that Huawei is 2009-2014 Years ago Skycom Control right . To be specific , Meng Wanzhou and other Huawei representatives are in Huawei and Skycom The essence of the relationship lies repeatedly , It's hidden Skycom The fact that Huawei operates as a subsidiary in Iran , The purpose of these actions is to continue to obtain banking services from multinational financial institutions .

Meng Wanzhou once said to the bank , Huawei and Skycom It's two separate individuals . But the prosecution believes “ Huawei is SkyCom, The evidence is the subsidiary Skycom Of employees use Huawei's email address , The management is also Huawei employees , Bank records link the two companies , In fact, the two companies are the same ”. Therefore, the prosecution believes that Meng Wanzhou exists “ cheat ”, This is also a key to his previous arrest .

Later on 2019 year 1 month , The United States formally requested Canada to extradite Meng Wanzhou .

stay 2020 year 1 Of the month “ Meng Wanzhou extradition hearing ” In the first stage of the trial , The lawyer of Meng Wanzhou's defense team authorized by Huawei believes that her case does not meet the standard of dual criminality .

According to Canada 《 Extradition Law 》, Only if the alleged crime is also a crime in Canada , Suspects can be extradited to foreign countries —— This recognition principle is called dual criminality .

Based on this , Meng Wanzhou's defense team said , Because when Meng Wanzhou was arrested , Canada has no sanctions against Iran , Therefore, Meng Wanzhou's behavior does not constitute a criminal offence in Canada , So it doesn't apply to 《 Extradition Law 》.

But the prosecutor representing the Canadian authorities retorted , Whether sanctions exist or not , Lies in themselves are frauds .“ Emphasize that fraud is the core of legal charges ”.

And in today's judgment , The justice of the Supreme Court of Canada also supported the prosecution's view .

At local time 5 month 27 It was released after the trial on the morning of August 23 Page of the judgment , Heather, deputy chief justice of the Supreme Court of Canada · Holmes （Heather Holmes） Express , On the whole , Meng late boat ( In the U.S. ) The suspected crime will also constitute a crime in Canada , This principle is called “ Double crime ”.

In this highly publicized ruling , Holmes wrote , The U.S. trade sanctions against Iran can be seen as understanding the background of Meng Wanzhou's alleged fraud , Not behavioral “ Inherent part ”.“ The effect of US sanctions may play an appropriate role in the analysis of dual criminality , As part of or in the context of the examination of the alleged conduct .”

Because the Supreme Court of Canada made a ruling against Meng Wanzhou , It is believed that Meng Wanzhou's behavior also constitutes a crime in Canada , This also means that the extradition hearing for the next stage will continue .

According to expectation , The next phase of the extradition hearing will be held in 6 Month held , Due in 9 The last week of the month to 10 End the debate in the first week of the month , After that, a final decision may be made on whether to extradite Meng Wanzhou to the United States .

It can be said that today's decision of the Supreme Court of Canada was beyond the expectation of the vast majority of people in China . Because before today's judgment , A lot of we media , Even many mainstream media have acquitted the Canadian court one day in advance . This also makes some media “ leading ” Reports have become the focus of ridicule by foreign netizens and media .

The judgment of the Canadian court will also severely hit Meng Wanzhou's defense team , The next defense strategy needs to be adjusted . A analysis says , Meng Wanzhou's defense team may use a new defense strategy next , For example, when arguing that Meng Wanzhou was detained at Vancouver Airport , Her human rights were violated , Or she was used as a political pawn , Take this as a breakthrough , The ultimate goal is to prevent extradition to the United States .

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