CHAPTER TWO
EXTRADITION

Division one
Requesting extradition

Section 493

(1) In a case of urgency, the Ministry of Justice or the court having jurisdiction to issue an international warrant of arrest may request the foreign authorities to arrange for the provisional arrest of the accused. In the pre-trial period, the court shall proceed in this manner upon a motion by the prosecutor. Such request shall contain the information specified in Article 490 par. 3 lit. a/ and b/ as well as a statement that an international warrant of arrest has been or will be issued against the accused and that his extradition will subsequently be requested.

(2) The court shall promptly inform the Ministry of Justice that it made such a request and submit to the Ministry an international warrant of arrest issued under section 490.

CHAPTER TWO
EXTRADITION

Division Two

Section 505
Provisional arrest

(1) The presiding judge of the Regional Court shall within 48 hours of the person’s surrender decide upon the motion by the prosecutor on the provisional arrest of the detained person. He shall not be bound by the grounds for custody specified in Article 71. Should the presiding judge not place the detained person under provisional arrest within the deadline, he shall order his release.

(2) The Regional Court in whose territory the person resides or is detained shall have jurisdiction in the proceedings under paragraph 1.

(3) The purpose of the provisional arrest is to secure the presence of the arrested person on the territory of the Slovak Republic until the State which has an interest in his extradition, submits the request for his extradition under Article 498.

(4) The provisional arrest may not exceed the period of 40 days from the moment of the person’s detention. The presiding judge of a panel of the Regional Court may, upon a motion by the prosecutor conducting the preliminary investigation, decide to release the person from provisional arrest.

(5) If during the course of the provisional arrest the request for extradition by the foreign authorities was submitted, the ministry of justice shall notify to this effect the prosecutor conducting the preliminary investigation. Upon the prosecutor’s motion the presiding judge of a panel may place the person in custody pending extradition if the conditions specified in Article 506 paragraph 1 are met.

(6) The release of the person from the provisional arrest shall not preclude his repeated placement in the provisional arrest or his being placed in custody pending extradition.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.