Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 451. The general provisions for surrender of the person (extradition)

The request on surrender of the person (extradition) is sent provided that under the law of Ukraine at least for one of crimes, in connection with which surrender is requested, it is provided punishment in the form of imprisonment for the maximum term of not less than one year or the person is condemned to punishment in the form of imprisonment and unserved term makes not less than four months.

The request of competent body of the foreign state on surrender can be considered only in case of observance of the requirements provided by paragraph 1 of this article.

Requests on temporary surrender and transit transportation (convoying) are sent and considered according to the same procedure as requests on surrender of the person (extradition).

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 454. Limits of the criminal liability of the surrendered person

The person extradited to Ukraine, can be brought to the criminal liability or can sentence of the court can be served against him only for those crimes, for which surrender (extradition) is executed.

The restrictions, stated by the competent body of foreign state at decision-making on surrender of the person to Ukraine, have binding character at passing of corresponding procedural decisions by the body of prejudicial inquiry, the public prosecutor or court.

If warnings of the competent body of foreign state concerning restrictions on surrender of the person relate to serving of a sentence, the court, which has passed a sentence, shall pass decision on its carry into effect only for those actions for which surrender was executed.

In case of commitment by a person before his surrender (extradition) of other crime not being specified by request on surrender, such person can be brought to the criminal liability or a court sentence for this crime can be executed only after reception of the consent of the competent body of foreign state extraditing the person.

The request on such consent is prepared and sent according to the procedure provided by article 453 of this Code for request on surrender of the person (extradition).

In case of brining of the person to the criminal liability for a crime, committed by such person after extradition, reception of such consent is not required.

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.