CHAPTER TWO
EXTRADITION

Division Two

Section 509
Court decision

(1) After the conclusion of the preliminary investigation the court shall decide upon the motion of the prosecutor on the admissibility of extradition and shall subsequently submit the case to the Ministry of Justice after the decision become final.

(2) The Regional Court which took the decision on provisional arrest or custody pending extradition shall have jurisdiction to conduct the proceedings under paragraph 1; if no decision on provisional arrest or custody pending extradition was taken, the Regional Court in whose district the person whose extradition is sought resides shall have jurisdiction.

(3) The court shall decide on the admissibility of extradition in a closed hearing. Before giving its decision, the court shall enable the person whose extradition is sought and his defence counsel to make a written statement on the request for extradition. If the person or his counsel in the statement so request, or if the court itself finds it necessary, it shall take its decision on admissibility of extradition in a public hearing.

(4) An appeal solely on one of the grounds of inadmissibility of extradition under Article 501 by the prosecutor or by the person whose extradition is sought shall be admissible against the decision of the Regional Court on admissibility of extradition ; the appeal shall have a postponing effect. The decision of inadmissibility shall be subject to an appeal solely by the prosecutor and such appeal shall have a postponing effect.

(5) The appeal shall the decided upon by the Supreme Court. An appellate court in a closed hearing shall dismiss the appeal if it finds the appeal unsubstantiated. If it upholds the appeal, it shall revoke the appealed decision and after taking additional evidence, if necessary, it shall itself decide by a resolution, whether the extradition is admissible or not. Article 506 paragraph 2 shall be applicable mutatis mutandis.

CHAPTER FIVE
INTERNATIONAL LEGAL ASSISTANCE

Division Three
Requests by foreign authorities

Section 538
Responsibility for execution of requests

(1) Requests of a foreign authority for legal assistance shall be sent to the Ministry of Justice.

(2) The district prosecutor’s office in whose district the requested assistance shall be carried out shall have the responsibility for the execution of the request for legal assistance made by a foreign authority. If more prosecutors` offices have territorial jurisdiction, the ministry of justice shall send the request to the General Prosecution for the decision on which prosecution office shall provide for its execution.

(3) If the foreign authority requests that the examination of a person or another act of legal assistance shall be executed by the court by the reason of applicability of the act in the criminal proceedings in requesting State, the prosecutor shall submit the request in that part for execution to the District Court in whose district the requested assistance shall be carried out. If the exclusive subject of the request is the act, which has to be executed by a court, the request shall be sent to the court directly by the Ministry of Justice.

CHAPTER FIVE
INTERNATIONAL LEGAL ASSISTANCE

Division Three
Requests by foreign authorities

Section 539
Authorisation of assistance by court

(1) If under this Code the taking of evidence requested by the foreign authority requires an authorisation by the court, such authorisation shall be given by a judge upon a motion by the prosecutor responsible for the execution of the request.

CHAPTER FIVE
INTERNATIONAL LEGAL ASSISTANCE

Division Three
Requests by foreign authorities

Section 539
Authorisation of assistance by court

(3) The District Court in whose district the assistance shall be carried out shall have jurisdiction to decide under the paragraphs 1 and 2.