Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE
Division 2
Extradition
Subdivision 2
Procedure for Extradition of Persons to Foreign States
ยง 447. Provisional custody
(1) If the legal admissibility of the extradition of a person to a foreign state is recognised, provisional custody may be applied with regard to the person at the request of the Public Prosecutor's Office.
(2) In cases of urgency, a preliminary investigation judge may apply provisional custody at the request of the Public Prosecutor's Office before the arrival of the request for extradition if the requesting state has :
1) assured that an arrest warrant has been issued or a judgment of conviction has entered into force with regard to the person in the requesting state ;
2) assumed the obligation to immediately dispatch the request for extradition.
(3) A person may be detained pursuant to the procedure provided for in subsection 217 (1) of this Code before the arrival of the request for extradition on the basis of an application for an arrest warrant submitted through the International Criminal Police Organisation (Interpol) or a notice on a wanted person in the Schengen Information System.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(4) Provisional custody shall not be applied with regard to a person if legal impediments to the extradition have become evident.
(5) A person with regard to whom provisional custody has been applied may be released if the requesting state fails to send the request for extradition within eighteen days as of the application of provisional custody with regard to the person. A person with regard to whom provisional custody has been applied shall be released if the request for extradition does not arrive within forty days as of the application of provisional custody.
(6) Release of a person from provisional custody in the cases provided for in subsection (5) of this section does not preclude application of provisional custody with regard to him or her and his or her extradition upon subsequent arrival of the request for extradition.
(7) A person shall not be kept under provisional custody for more than one year. A preliminary investigation judge may extend the one-year term of keeping in custody at the request of the Chief Public Prosecutor only in exceptional cases.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(8) A ruling on provisional custody may be contested pursuant to the procedure provided for in Chapter 15 of this Code.
Provisional arrest
Provisional arrest - detention pending surrender
Provisional arrest for ICC proceedings - national procedures
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