CHAPTER TWO
EXTRADITION

Division Two

Section 511
Postponement of surrender or temporary surrender

(1) If the presence of the person whose extradition is sought is necessary in the Slovak Republic for the purposes of termination of the criminal prosecution or the enforcement of the prison sentence for criminal offences other than those which are the object of the extradition request, the Minister of Justice may, after granting extradition, postpone the surrender of the person to the requesting State.

(2) The Minister of Justice may authorise a temporary surrender of the person to the requesting State for the purpose of carrying out necessary procedural acts. The temporary surrender may be repeated.

(3) The provisions of Articles 545 paragraph 2 lit. b/ to d/, 546 paragraph 2 and 547 shall be applied mutatis mutandis to the cases of temporary surrender.

(4) If during the temporary surrender the person was sentenced in the territory of the requesting State by a final judgement for the criminal offence for which extradition was granted, the Minister of Justice may decide, upon a request by the requesting State, to postpone the return of the person to the territory of the Slovak Republic until the person will have terminated serving the imposed prison sentence in the territory of the requesting State. Such decision may not be taken if the criminal prosecution in the Slovak Republic was not effectively terminated.

(5) The time the person spent in custody during the temporary surrender abroad shall be counted against the length of the sentence carried out in the territory of the Slovak Republic to the extent in which it had not been counted against the length of the sentence carried out in the territory of the requesting State. The time spent serving the sentence imposed in the requesting State shall not be counted against the length of the sentence carried out in the Slovak Republic.

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).