Part III
SPECIAL PROCEEDINGS
Chapter XXXV
PROCEEDINGS FOR EXTRADITION OF DEFENDANTS AND SENTENCED PERSONS
Provisions governing extradition of defendants and sentenced persons
Article 516
(1) Extradition of defendants or sentenced persons shall be conducted in accordance with the provisions of international treaties.
(2) If there is no international treaty or the international treaty does not regulate certain issues, extradition of defendants or sentenced persons shall be conducted in accordance with the provisions of the present Code.
Preconditions for extradition
Article 517
(1) Preconditions for extradition shall be the following:
1) that the person subject to extradition is not a national of Serbia and Montenegro;
2) that the offense for which extradition is requested is not committed in the territory of the Republic of Serbia, against it or its citizen;
3) that the offense for which extradition is requested is a criminal offence according to both domestic law and law of the state where it was committed;
4) that pursuant to the domestic law the statute of limitations for prosecution or enforcement of sentence has not expired, or that the criminal offence was not granted amnesty;
5) that the foreigner whose extradition is requested has not already been sentenced by a domestic court for the same offense or acquitted for the same offense by a final judgment rendered by the domestic court, except when the conditions specified in the present Code for reopening of criminal proceedings are met, or that against the foreigner, for the same offense committed against the Republic of Serbia, criminal proceedings have not been instituted in the Republic of Serbia, and if proceedings have been instituted for an offense committed against a citizen of Serbia and Montenegro - that a security for a claim for indemnification of the injured person is given;
6) that the identity of the person whose extradition is requested is established;
7) that there is enough evidence for reasonable suspicion that the foreigner, whose extradition is requested, has committed particular offense or that there is a final judgment.
(2) In accordance with the conditions referred to in paragraph 1 items 3, 4 and 6 of the present Article and provided that a foreigner or a citizen of Serbia and Montenegro has not been already sentenced for the same offense by a domestic court, extradition may be granted to an international court which is recognized by a ratified international agreement.
Request for extradition of defendants or sentenced persons
Article 518
(1) Proceedings for extradition of defendants or sentenced persons shall be instituted upon a request of a foreign state.
(2) The request shall be submitted to the authority determined by a special regulation.
(3) Along with the request, the following must be attached:
1) Means to establish the identity of the defendant or the sentenced person (an accurate description, photographs, finger prints etc);
2) Certificate or other proof of citizenship;
3) The indictment or judgment or decision on detention or other document equal to this decision, either as original or certified copy, which shall state the name and surname of the person whose extradition is requested as well as other data necessary to establish his identity, a description of the offense, its statutory title and evidence supporting reasonable suspicion;
4) The excerpt from the text of the criminal law of the foreign state with the provisions to be applied or have been applied against the defendant for the offense for which extradition is requested, and if the offense has been committed in the territory of a third state, the relevant excerpt from the criminal law of that state as well.
(4) If the above attachments are in a foreign language, their certified translation into Serbian language should be attached.
Proceedings before investigative judge
Article 519
(1) An authority determined by a special regulation shall forward the request for extradition to the investigative judge of the court within whose territory the foreigner resides or is located.
(2) If current residence of the foreigner whose extradition is requested is unknown, his previous residence shall be established through the police.
(3) If the request complies with conditions referred to in Article 518 hereof, the investigative judge shall order detention against the foreigner provided that grounds referred to in Article 174 hereof exist, or shall undertake other measures for securing his appearance, except when it is obvious from the request itself that there are no grounds for extradition. Detention may last at the longest until the enforcement of the decision on extradition, but no longer than one year from the day when he was detained. The provisions of Articles 175 and 178 paragraph 2 hereof shall apply mutatis mutandis to this detention.
(4) After he establishes the identity of the foreigner, the investigative judge shall without delay inform him about the reasons why his extradition is requested and about the evidence supporting the request and call him to present his defense.
(5) A record shall be made of interrogation and defense. The investigative judge shall advise the foreigner that he may retain a defense counsel or he shall appoint one for him ex officio, if defense is mandatory pursuant to the present Code.
Proceedings before investigative judge in urgent cases
Article 520
(1) In urgent cases, if there is danger that the foreigner may escape or hide, the police may arrest the foreigner in order to bring him before the investigative judge of the competent court, upon a request of a foreign authority, regardless of how the request was submitted. The request shall contain data for identification of the foreigner, the nature and title of the criminal offense, the case number, date, place and indication of the foreign authority which ordered detention and a statement that extradition shall be requested though regular channels.
(2) If detention pursuant to paragraph 1 of the present Article has been ordered and the foreigner is brought before the investigative judge, the investigative judge shall, after interrogation of the foreigner, order detention against him and notify the body determined by a special regulation thereof.
(3) The investigative judge shall release the foreigner when grounds for detention cease to exist, or if the request for extradition is not submitted within a time period
set by the investigative judge after taking into account distance of the foreign state which requested extradition, and which may not be longer than two months from the day the foreigner was arrested. The foreign state shall be notified of this term. Upon a request of the foreign state, the Trial Chamber of the court having jurisdiction may prolong this term for justifiable reasons for an additional month at the longest.
(4) When the request is submitted within the specified time, the investigative judge shall proceed in accordance with Article 519 paragraphs 3 and 4 of the present Code.
Delivery of the case file to the chamber
Article 521
(1) After having heard the Public Prosecutor and the defense counsel, the investigative judge shall, if appropriate, undertake other actions in order to establish whether the preconditions for granting extradition of a foreigner exist, or for handing over objects used in the commission of crime, provided that such objects have been confiscated from the foreigner.
(2) After the actions are completed, the investigative judge shall deliver the files along with his opinion, to the Trial Chamber (Article 24, paragraph 6).
(3) If against a foreigner whose extradition is requested criminal proceedings are under way before a domestic court, or if this person is sentenced or serving sentence for the same or other criminal offense, the investigative judge shall indicate so in the files.
Denial of the request for extradition
Article 522
(1) If the Trial Chamber of the court having jurisdiction establishes that the preconditions for granting extradition are not met, it shall render a ruling denying the request for extradition. This court shall ex officio deliver this ruling to the court designated by law of the member republic, which shall, after having heard the Public Prosecutor, uphold, set aside or amend the decision.
(2) If the foreigner is detained, the Trial Chamber may decide that he remain in detention until the ruling denying extradition becomes final.
(3) The final ruling denying extradition shall be delivered to the body determined by a special regulation, which shall notify the foreign state thereof.
Establishing of preconditions for extradition of a foreigner and appeal against
ruling on extradition
Article 523
If the Trial Chamber of the court having jurisdiction establishes that the preconditions for granting extradition of a foreigner are met (Article 517), it shall render a ruling thereon. The foreigner may file an appeal against that decision with a court designated by the Law of the member republic.
Referral of case to the authority deciding on extradition
Article 524
If upon an appeal the court establishes that the preconditions for extradition are met, or if against such a ruling rendered by the court at first instance an appeal is not filed, the case shall be referred to the authority determined by a special regulation, who shall decide on extradition.
Rendering a ruling on denying or approving the extradition
Article 525
(1) The authority determined by a special regulation shall render a ruling granting or denying extradition. The authority may render a ruling to postpone extradition due to pending of criminal proceedings before a domestic court for other criminal offense committed by the foreigner whose extradition is requested, or because he is serving sentence in the Republic of Serbia.
(2) The authority determined by a special regulation shall not grant extradition of the foreigner who is entitled to asylum in the Republic of Serbia, or in case of a political or military offense, if the life or liberty of the foreigner is threatened due to his race, religion, ethnic origin, social status or political convictions, and there are serious reasons to believe that the foreigner shall be exposed to inhumane treatment or torture in the state which requested extradition, or if in the proceeding preceding extradition it was not made possible for the foreigner to retain a defense counsel, or the proceeding was not conducted in compliance with legal standards set in the ratified international treaties. The authority may deny extradition in case of criminal offenses which are according to domestic law punishable by a term of imprisonment not exceeding three years, or if the foreign court has imposed imprisonment sentence not exceeding one year.
Contents of the ruling granting extradition
Article 526
(1) The authority shall include the following in the ruling granting extradition of a foreigner:
1) that the foreigner may not be prosecuted for other criminal offense, committed prior to extradition;
2) that a penalty for other criminal offense committed prior to extradition may not be executed against the foreigner;
3) that no more severe penalty than one he is sentenced to or a death penalty may be executed against the foreigner;
4) that the foreigner may not be extradited to a third state for the purpose of prosecution for a criminal offense committed prior to extradition.
(2) In addition to the above said conditions, the authority determined by a special regulation may also set other conditions for extradition, in accordance with law and international treaty.
Notification of the foreign state on the ruling and delivery of the ruling to the
Ministry of Internal Affairs
Article 527
(1) A foreign state shall be notified of the ruling on extradition through diplomatic channels.
(2) The ruling granting extradition shall be delivered to the Ministry of Internal Affairs which shall order that the foreigner be brought to the state border, where he shall be surrendered to the authorities of the foreign state which requested extradition.
Setting of priority in case when several states request extradition of the same
person in relation to the same offence
Article 528
(1) If extradition of the same person is requested by several foreign states for the same criminal offense, priority shall be given to the request of the state whose national is the person requested, and if that state does not request extradition – to the request of the state on whose territory the criminal offense was committed, and if it was committed on the territory of several states or if unknown where it was committed – to the request of the state which first requested extradition.
(2) If extradition of the same person is requested by several foreign states for different criminal offenses, priority shall be given to the request of the state whose national is the person requested, and if that state does not request extradition – to the request of the state on whose territory the most severe criminal offense was committed, and if criminal offenses are of the same gravity – to the request of the state which first requested extradition.
Request for extradition of person who is in a foreign state
Article 529
(1) If a criminal proceeding is under way in the Republic of Serbia against a person who is abroad or if the person who is abroad is sentenced by a domestic court, the authority determined by a special regulation may submit a request for extradition.
(2) The request along with documents and information referred to in Article 518 hereof is submitted to a foreign state through diplomatic channels.
Request for detention of person whose extradition is requested
Article 530
(1) If there is a danger that the person whose extradition is requested may flee or hide, the authority determined by a special regulation may, before applying Article 529 of the present Code, request that measures be taken for that person to be arrested.
(2) The request for detention shall in particular include data about the identity of the person sought, nature and statutory title of the criminal offense, the case number, date, place and indication of the authority which ordered detention or information indicating that the judgment is final, as well as a statement that extradition shall be requested through regular channels.
Limitations related to prosecution and sentencing of the person whose
extradition is requested
Article 531
(1) If a person is extradited, he may be prosecuted or a penalty may be executed only for the criminal offense for which extradition is granted.
(2) If such a person is convicted by a final judgment of a domestic court for other criminal offenses committed prior to extradition and for which extradition is not granted, the provisions of Article 424 hereof shall apply mutatis mutandis.
(3) If extradition is granted under certain conditions referring to the type and level of penalty to be imposed or executed, and provided that extradition under such conditions is accepted, the court shall be bound by these conditions when imposing a penalty, and if enforcing a penalty, the court which tried the case at last instance shall revise the judgment and adjust the penalty to the conditions of extradition.
(4) If the extradited person was detained in the foreign state for the criminal offense for which he was extradited, the time spent in detention shall be calculated in the penalty.
Transit of extradited person through the territory of Serbia
Article 532
(1) If a foreign state requests extradition from another foreign state and the person sought should be transferred through the territory of the Republic of Serbia, the authority determined by a special regulation may allow transit upon a request of the interested state, provided the person is not a national of Serbia and Montenegro and that extradition is not granted for a political or military offense.
(2) The request for transit of persons through the territory of the Republic of Serbia shall have to contain all data referred to in Article 518 hereof.
(3) The costs of transit through the territory of the Republic of Serbia shall be paid from the budget, provided that reciprocity exists.
EDIT.