Section IX
SURRENDER OF THE PERSON (EXTRADITION)
Chapter 37
SURRENDER OF THE PERSON (EXTRADITION)
Article 458. Features of detention into custody
The decision of the competent body of foreign state on taking of the person into custody or establishing of punishment for such person in the form of imprisonment is the basis for detention into custody in the territory of Ukraine of the person who:
1) are transported by territory of Ukraine;
2) temporarily extradited to Ukraine.
Article 459. Features of participation of the defender in the course of surrender of the person (extradition)
Searched by the foreign state person has the right to the defender at any stage of his surrender (extradition), but not later than from the moment of detention.
From the moment of admission of the defender to participation in a case, he has the rights provided by subparagraphs 1, 2, 3, 6, 10, 11, 12 of paragraph 2 of article 48 of this Code. Execution of the rights of defender provided by subparagraphs 7, 8, 13 of paragraph 2 of article 48 of this Code as well as the duties of the defender provided by this Code, is carried out within the limits connected with consideration and making of decision on request on surrender of the person (extradition).
The body of inquiry, which has detained such person, can appoint the defender in cases and according to the procedure, provided by this Code, through bar association. The requirement on appointment of the defender is binding for the head of bar association.
Article 460. Features of participation of the translator in the course of surrender of the person (extradition)
At any stage of surrender of the person (extradition) body of inquiry which has detained such person, the court or body which carries out extradition check, can engage the translator if such person does not know language by which proceedings are carried out, or there is a necessity for providing of translation of documents.
Article 461. Features of detention of the person who has committed a crime outside of Ukraine
Detention in territory of Ukraine of the person searched by the foreign state in connection with commitment of a crime is carried out by body of inquiry.
The public prosecutor, inspecting the observance of laws by body of inquiry which has carried out detention, is notified therewith on detention. The notice to the public prosecutor
being attached with the copy of the report on detention shall contain the detailed information concerning the bases and motives of detention.
The public prosecutor, having received the notice, examines legality of detention of the person being searched by the competent bodies of foreign states and immediately notifies the public prosecutor's office in oblast.
Within seventy two hours after detention the public prosecutor's office in oblast notifies on detention of such persons the corresponding central body which notifies the competent body of foreign state within three days.
The public prosecutor's office in oblast also notifies the Ministry of Foreign Affairs of Ukraine on each case of detention of the national of foreign state who has committed a crime outside of Ukraine.
The detained person shall be released immediately in case if:
1) within seventy two hours from the moment of detention the reasoned judgment of court on application of temporary or extradition arrest is not served to such person;
2) circumstances are found out under which surrender (extradition) is not executed. The
procedure of detention of such persons and consideration of complaints on their detention is carried out according to article 106 of this Code taking into account the features established by this title.
EDIT.