CHAPTER TWO
EXTRADITION

Division one
Requesting extradition

Rule of speciality

Section 496

(1) The criminal prosecution shall not be conducted against extradited person for other criminal offences committed before his extradition than for the offences for which the person was extradited.

(2) Paragraph 1 shall not be used if

a) after his release from the custody or the prison sentence, he remains in the territory of the Slovak Republic for a period longer than 15 days in spite of the fact that he had an opportunity to leave,
b) he leaves the territory of the Slovak Republic and voluntarily returns or is lawfully returned there from a third State,
c) the requested State waives the application of the rule of speciality, or grants additional consent for criminal prosecution for the other criminal offences, or
d) the person to be extradited waives expressly, in the course of extradition proceedings, the application of the rule of speciality in general or in respect of specific offences committed before the extradition.

(3) Paragraph 1 does not prevent the Slovak authorities to take measures which interrupt the passing of the period of limitation.

(4) If the extradited person did not waive the application of the rule of speciality under paragraph 2 lit. d/ and if an international treaty so allows, the court which issued the international warrant of arrest shall hear the person in the presence of his defence counsel and advise him of the possibility of his waiver of the rule of speciality and the consequences thereof. The consent of the extradited person to waive the application of the rule of speciality shall be recorded by the court in a protocol which shall include the specification of the offences in respect of which the waiver was made.

(5) A request by the extraditing State for the transfer of criminal proceedings in respect of criminal offences committed in its territory prior to the extradition shall be construed as its additional consent under paragraph 2, lit. c/. The same applies to laying of information by the requested State which may lead to criminal prosecution.

(6) Submission of a request to the requested State for the purposes of granting additional consent for the purposes of criminal prosecution for offences not included in the original request for extradition shall be governed mutatis mutandis by the provisions of Articles 489 and 490.

(7) The provisions of paragraphs 1 to 4 and 6 shall be applied mutatis mutandis also to cases of enforcement of a prison sentence which was imposed on the extradited person by the court of the Slovak Republic (henceforward “the Slovak court”) before his extradition and which was not object of the original request for extradition.

Section 497

(1) If after the granting of extradition the requested State does not surrender the extradited person to the territory of the Slovak Republic due to the fact that the person is being prosecuted by the authorities of that State or that he must serve a prison sentence imposed by the authorities of that State in respect of criminal offences other than those which were the object of the request for extradition, the court whose judge issued the international warrant of arrest may ask the Ministry of Justice to request the temporary surrender of the extradited person to the territory of the Slovak Republic in order to carry out procedural acts necessary for the completion of the criminal proceedings.

(2) The motion which the court submits to the Ministry of Justice shall specify the procedural acts for which the presence of the extradited person is necessary. It shall also specify the date or the period of time for which the personal appearance shall be arranged.

(3) The provisions of Article 550 shall apply mutatis mutandis to the arrangements for the temporary surrender of the extradited person.

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.