"Indeed, there are many authorities which go to the extent of holding that in criminal cases a forcible abduction is no sufficient reason why the party should not answer when brought within the jurisdiction of the court which has the right to try him for such an offense, and presents no valid objection to his trial in such court.

—where the accused was arrested in Brussels by a British police officer and forcibly returned to stand trial in England, and the court held that it could not inquire into the circumstances of the arrest or the accused's return to the English jurisdiction

—one accused of crime against the laws of England, and who was in custody for trial, sought to be discharged upon habeas corpus because she had been improperly apprehended in a foreign country.

But sometimes, as upon a charge of perjury, a foreign country will allow the removal of an offender even in case of a misdemeanor.

A foreign government has no right, by the Law of Nations, to demand of the government of the United States a surrender of a citizen or subject of such foreign government, who has committed a crime in his own country

In a recent case where a party against whom a true bill for perjury had been found, and a warrant for her apprehension granted, was apprehended abroad, and brought here in custody and committed to prison for want of bail, the court refused to discharge her on the ground that she had been improperly apprehended in a foreign country

—an individual, under indictment in England, had no right to be released by reason of bis illegal arrest by a state agent in Belgium.

But decisions relying upon this proposition have not been founded upon an adequate consideration of the effect to be attributed to an arrest abroad in violation of treaty or international law.

At common law, the fact that kidnapping secured a criminal defendant's physical presence was no bar to jurisdiction

Interestingly, initial practice of male captus bene detentus was largely predicated upon an early British case

[PDF] Annex A Immunity of State officials from foreign criminal jurisdiction (Mr …