PART 14. SPECIAL PROCEEDINGS
CHAPTER 54. INTERRELATIONS OF COURTS, PROSECUTORS AND INQUEST BODIES WITH APPROPRIATE INSTITUTION OF FOREIGN COUNTRIES AND OFFICIALS IN LEGAL ASSISTENCE IN CRIMINAL CASES
Article 480. Extradition
The institution which received the request must, when required, extradite the person who is in the territory of its country in order to subject him to criminal liability or to execute a court verdict.
Extradition for subjecting the person to criminal liability is done for actions which are considered punishable in the country which sent the request and country which received it, and the envisaged punishment is in the form of imprisonment for not less than 1 year. Extradition for the execution of the verdict is done for those actions which are considered punishable in the country which sent the request and country which received it, and the person was sentenced to no less than six months of imprisonment or more.
Article 481. Refusal from extradition
Extradition is not allowed, if:
at the moment of the receipt of the requirement, appropriate criminal prosecution can not be initiated in the legislation of the inquiring country or the verdict can not be executed for reasons of expiration of the prescription period, or on other legal grounds;
a verdict or decision to terminate the proceedings or criminal prosecution which came into effect, has already been executed in relation to the person.
It is allowed to refuse from extradition, if:
the person whose extradition is required is the citizen of the country which received the request or he was granted a political asylum;
the crime was committed in the territory of the country which received the request; the person whose extradition is required is prosecuted for political, racial or religious reasons.
The person whose extradition is required is prosecuted for the commitment of a military crime in peaceful time;
The country which applied for extradition does not provide reciprocity in this domain.
Article 482. The content of the extradition requirement
The extradition requirement must contain:
the name of the sender of the request;
description of the factual circumstances of the action and the original text of the law of the country which sends the request, based on which this action is considered a crime;
the name and surname of the person who is liable to extradition, his citizenship, residence and, if possible, other data;
a note on the damage inflicted by the crime.
Attached to the requirement for extradition, should be a certified copy of the decision to arrest the person.
Attached to the requirement to extradite to execute a verdict, should be a certified copy of the verdict, with a note when it came into legal force and criminal law article which was used to sentence this person. If the convict has already served part of the punishment, information about that is also communicated.
Article 483. Additional information
If the extradition requirement does not contain all necessary information, the institution which received the request can require additional information. For that, up 1 month term can be envisioned.
If the institution which presented the request fails to submit additional information, the institution which received the request must release the person liable to extradition, if he was arrested.
Article 484. Arrest for extradition
Measures are taken to arrest the person liable to extradition, prior to the extradition decision when the copy of the decision to arrest is received with the extradition request. In accordance with the provisions of this article in part 1, the arrested person is entitled to appear before court for the establishment or elimination of the prevention measure.
Article 485. Arrest or detention prior to the receipt of request for extradition
The person whose extradition is required, by petition of the applying country, can be arrested also prior to the receipt of the extradition request. The petition must contain references to the decision to arrest or to the verdict which came into legal force, indicating that the extradition request will be sent additionally. The petition on arrest prior to extradition request can be sent by mail, by telegram or by fax.
The person can also be arrested without the petition mentioned in the first part of this article, if there are legally envisaged grounds to suspect that he committed a crime in the territory of another country and is liable to extradition.
The appropriate institution of the foreign country which presented the request is immediately informed about the arrest or detention executed prior to receipt of the extradition request.
In accordance with parts 1 and 2 of this article, the arrested person is entitled to appear before court for the establishment or elimination of the prevention measure.
Article 486. Release from arrest or detention
The person arrested, based on grounds envisaged in article 485, part 1, if no extradition request will be received within 1 month after his arrest.
The person arrested, based on article 485, part 2, must be released, if no extradition request will be received within the period established in the legislation of the given state for arrest.
Article 487. Postponement of extradition
If the person, whose extradition is required, was subjected to criminal liability or was convicted for another crime in the given state, his extradition can be postponed until the end of criminal prosecution, the execution of the verdict or release from punishment.
Article 488. Temporary extradition
If the postponement of extradition envisaged in article 487 of this Code, can lead to expiration of the prescription period for criminal prosecution or damage the investigation, the person whose extradition is required can be extradited temporarily.
The temporarily extradited person must be returned after the end of the execution of the criminal case proceedings for which he was extradited, but not later than within three months after the extradition. In justified cases the extension of the term must be done by agreement of the parties.
Article 489. Conflict of extradition requests
If the extradition requests are received from several counties, the institution which received the request decides at its discretion which request must be satisfied first.
Article 490. Limits to criminal liability of the extradited person
Without the consent of the institution which received the request, it is not allowed to subject the extradited person to criminal liability and punishment for the crime he committed before extradition, for the crime which he was not extradited for.
Without the consent of the institution which received the request, the person can not also be extradited to the third state.
The consent of the institution which received the request is not required, if the extradited person within 1 month after the criminal proceedings, and in the case of conviction, after having served the sentence and release, within 1 month, will not leave the territory of the state which received the request, or if he will return there of his own accord. The time
when the extradited person could not leave the country which sent the request against his will is not included into this term.
Article 491. Transfer of the extradited person
The institution which received the request informs the institution which sent the request about the time and place of extradition.
If the institution which requested the extradition does not received the person liable to extradition within 15 days after the established deadline, the person is released from arrest.
Article 492. Repeated extradition
If the extradited person evades criminal prosecution or is fugitive from punishment, and returns to the country which received the request, at a new request he must be extradited without submission of materials mention in this chapter.
Article 493. Transit extradition
By petition of the institution which submitted the request, the institution which received the request resolves the issue of transit extradition of persons extradited to a third country through its own territory.
The petition concerning such a transit is discussed in the same procedure as the extradition request.
The institution which received the request resolves the issue of transit extradition the way it finds most expedient.
Article 494. Mandatory nature of criminal prosecution
The preliminary investigation body must with consent of the institution which submitted the request, carry out appropriate criminal prosecution of its citizens who are suspected in the commitment of crime in the country which submitted a request.
If the crime by which a criminal case is initiated involves civil claims of people who suffered damage due to the crime, in the case of their petitions on compensation of damage, they are considered in the proceedings of that case.
Article 495. Instructions to execute criminal case proceedings
The instruction to execute criminal case proceedings must contain:
the name of the institution which presents the request;
the description of the action on which the instruction is sent to execute criminal prosecution;
accurate information about the time and place of commitment of the action;
the original text of the law of the institution which presented the request which regards this action as a crime, and the original texts of those legislative norms which are essential for the proceedings;
the name and surname of the suspect, citizenship and other information;
the amount of damage inflicted by the crime.
The instruction is attached to the materials and evidences possessed by the institution which sent the request.
When sending the criminal case initiated by the institution which presented the request, the investigation of the case is continued by the institution which received the request, in accordance with the legislation of its country. Each document in the case must be certified with a seal with the coat of arms.
Article 496. Notification about the results of the criminal proceedings
The institution which received the request must notify the institution which sent the request about the final decision on the criminal case. By petition of the institution which presented the request the copy of the final decision is mailed to its address.
Article 497. Consequences of the adopted decision
The institution which received the request can not initiate a criminal case and the one that was initiated is liable to termination, if to the institution was sent the verdict instructing to implement proceedings or other final decision of the institution which made the request, after it came into effect.
Article 498. Procedure of consideration of a case which is under jurisdiction of the courts of several countries
When one or more persons are charged with several crimes and the appropriate cases are under jurisdiction of the courts of several countries, the right for the consideration of these cases belongs to the court of the country where the preliminary examination was finished. In this case it is considered in accordance with the proceedings legislation of that country.
Article 499. Transfer of items
The institution which received the request transfers to the institution which made the request the items, which:
were used during commitment of crime, including instruments of crime, items which were obtained in a criminal way or received by the criminal as compensation to the criminal for items obtained in a criminal way;
can have probatory value for the criminal case; these items are transferred also when the extradition of the criminal is impossible because of his death, flight or other reasons;
If the institution which received the request needs the items mentioned in part 1 of this article, their transfer can be postponed until the end of the proceedings.
The rights of the third persons for the transferred items stand. After the end of the criminal proceedings these items must be returned to the institution which transferred them, without compensation.
EDIT.