Slovakia

Criminal Procedure Code No. 301/2005 Coll. - Part Five: Legal Relations with Abroad

CHAPTER ONE
BASIC PROVISIONS

Section 485
Surrender of persons and things

(1) Person extradited or surrendered from another State on the basis of a request made under this Chapter shall be taken over from the foreign authorities by the police authorities designated by the Minister of Interior. Unless otherwise provided for in this Chapter, the police shall surrender the person to the nearest custody or prison facility, which shall inform the competent court without delay.

(2) Person extradited or surrendered to another State on the basis of a request made under this Chapter shall be taken over from the custody or prison facility by the police authorities designated by the Minister of Interior and surrendered to the foreign authorities.

(3) The transit of a person through the territory of the Slovak Republic under Article 543 shall be carried out by the police authorities designated by the Minister of Interior. During the transit the personal liberty of the transported person shall be limited in order to prevent his escape. Coercive measures provided for in a separate act shall be applicable to the restriction of personal liberty of the person in transit.

(4) The police authorities designated by the Minister of Interior shall also surrender and take over things under Article 550 as well as take over and return things surrendered by another State upon a request by Slovak authorities if it is not possible or opportune to send such things by post, and shall carry out the transit of a thing trough the territory of the Slovak Republic upon a request by foreign authorities.

Section 486
Travel documents

Persons surrendered, on the basis of the provisions of this Chapter, to or by the foreign authorities shall not require either travel documents or a permission or visa to cross the national border.

Section 487
Form of court decision

If in the procedure under this Chapter the decision is taken by the court, it shall be decided in the form of a resolution, unless the provisions of this Chapter provide otherwise.

Section 488
Costs

(1) Costs incurred by the Slovak authority in execution of a request by a foreign authority under this Chapter shall be borne by the State and settled by the authority which incurred them.

(2) If an international treaty allows for reimbursement of costs referred to in paragraph 1 or a part of such costs from the requesting State, or in case of an absence of an international treaty, the authority which incurred the costs shall submit to the Ministry of Justice the enumeration of the costs, their justification and its bank account number in order to obtain the reimbursement from the requesting State.

(3) Costs incurred by the foreign authority in connection with a request made by a Slovak authority, the reimbursement of which is claimed by the requested State under an international treaty or due to its absence, shall be borne by the State and settled by the Slovak authority who initiated the request for assistance. Costs incurred by the foreign authority by effecting the transit of a person or a thing from a third State to the Slovak Republic in connection with a request made by a Slovak authority shall be settled by the Ministry of Interior of the Slovak Republic.

Keywords

Surrender



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