Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 11

Where extradition of one and the same person has been requested by two or more states in respect of one and the same or of different criminal offences, the Minister of Justice shall forthwith notify the competent authorities of the requesting states of the existence of concurrent requests for extradition.

Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 17

(6) In the presence of concurrent requests for the extradition of one and the same person in respect of the same of different offences the court shall also deliberate where the crimes were committed, on the nationality of the requested person, the seriousness of the committed offences, the sequence in their commission and the possibility of a subsequent extradition to another requesting state, the dates on which the requests were received and the presence of reciprocity. Where one of the requests has been filed by an international criminal court, it shall take precedence over the others.

Extradition and European Arrest Warrant Act

Chapter five - SURRENDER BASED ON A EUROPEAN ARREST WARRANT

Title II - Execution of the European arrest warrant issued by another EU Member State

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Article 46

(1) Where European arrest warrants have been received by the District Court from two or more Member States and they concern one and the same person, the court shall make a decision in view of all the circumstances, after assessing the seriousness and the location of commission of the offences, the dates on which the European arrest warrants were received and the purpose for which the respective warrant has been issued.

(2) The court may consult Eurojust in making a decision under para 1.

(3) In the event of conflict between a European arrest warrant and a request for extradition filed by a state which is not a member of the European Union, the court shall assess all the circumstances, especially those stated in para 1 and in the respective international treaty.

(4) A request for extradition filed by the an international criminal court shall take precedence.

Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
8. Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.