CHAPTER TWO
EXTRADITION
Division one
Requesting extradition
Section 490
(1) If the accused stays abroad and if his extradition is necessary, the presiding judge of the competent court shall issue a warrant of arrest (hereinafter referred to as the “international warrant of arrest”). In the pre-trial, the judge for preparatory proceedings shall issue the international warrant of arrest upon a motion by the prosecutor. The international warrant of arrest has, on the territory of the Slovak Republic, the same effects as a warrant of arrest.
(2) The court shall issue an international warrant of arrest in particular if :
a) by residing abroad the accused avoids his criminal prosecution and it is not possible to secure his personal appearance in the criminal proceeding, or
b) the sentenced person stays abroad and does not submit himself to the enforcement of the imposed prison sentence despite the fact that he was duly served the order to do so, or if by residing abroad he avoids the enforcement of the final prison sentence or of its remainder.
(3) An international warrant of arrest for the purposes of extradition of an accused shall contain :
a) the name and surname of the accused, the date a place of his birth, his nationality, his place of permanent residence in the Slovak Republic and other available data facilitating his identification, including his description and photograph, or information on his place of residence abroad,
b) the legal qualification of the criminal offence with reference to the applicable legal provisions and the description of the facts providing the exact time, place and manner of its commission,
c) the verbatim wording of the applicable legal provisions including the sanction which can be imposed, as well as the legal provisions relating to prescription, and
d) if a period longer than three years has passed between the commission of the offence and the issuance of the international warrant of arrest, the description of actions influencing the run of the prescription.
(4) An international warrant of arrest for the purposes of extradition of a sentenced person shall, in addition to the information referred to in paragraph 3 lit. a/ to c/, contain
a) details of the court imposing the sentence and of the sanction imposed, and
b) if the judgement was issued in the proceedings against a fugitive from justice or in absentia, information on how the rights of defence of the accused were guaranteed in the proceedings as well as the wording of the provision of Article 496.
(5) The original or an authenticated copy of the relevant judgement with the finality clause shall be appended to the warrant of arrest under paragraph 4.
(6) If more than three years lapsed between commission of an offence or final conviction and issuing of the international warrant of arrest, acts directed to criminal prosecution of the person or enforcement of the imposed sentence shall be included in the warrant of arrest or in its separate attachment.
(7) The international warrant of arrest shall bear the signature of the judge who issued it and the round seal of the court. If in relation to the requested State a translation of the international warrant of arrest into a foreign language is required, the court shall attach to it a translation made by an official translator. If extradition for the enforcement of a sentence is requested, the same shall apply to the translation of the judgement.
(8) If the surrender of the extradited person shall necessitate his transit through the territory of another State or States, the court shall submit the documents to the Ministry of Justice in the required number of copies and with translations into the required foreign languages.
Section 491
(1) An international warrant of arrest shall become null and void by
a) the surrender of the extradited person to the court under section 494 paragraph 1 or to the court which issued the warrant of arrest under section 73 paragraph 1,
b) revocation ; The court which issued the international warrant of arrest shall revoke it if the reasons for which it was issued no longer exist or if consequently finds out that the reasons did not exist; if the international warrant of arrest was issued upon the motion by the prosecutor, the court shall revoke it upon his motion,
c) issuing of the new international warrant of arrest in the same criminal matter.
(2) After filing an indictment in the criminal matter in which an international warrant of arrest was issued, the court which the indictment was filed with, shall issue a new international warrant of arrest, if the reasons for its issuing remain. Otherwise it shall revoke the warrant of arrest issued in pre-trial proceedings. The same procedure shall be followed if during the criminal proceedings the subject matter jurisdiction or territorial jurisdiction of the court changes.
(3) Revocation of the international warrant of arrest does not exclude issuing of a new warrant of arrest in the same criminal matter.
(4) The court shall immediately inform the Ministry of Justice and prosecution office of a revocation or issuing of a new international warrant of arrest.
Section 492
(1) The court shall not issue an international warrant of arrest, if
a) imposition of only a sentence other than a prison sentence is anticipated or if a prison sentence shorter than 4 months is anticipated,
b) the prison sentence, or its remainder, to be enforced is shorter than 4 months,
c) by the extradition the Slovak Republic would incur expenses or suffer consequences incommensurate to the public interest in the criminal prosecution, or the enforcement of the sentence, of the person to be extradited,
d) taking into account the age, social status or family circumstances of the person whose extradition is sought, he would be inadequately severely punished by his extradition in proportion to the level of gravity and the consequences of the criminal offence.
(2) If some of the facts stated in paragraph 1 occur after issuing of the international warrant of arrest, the court may revoke it.
Section 493
(1) In a case of urgency, the Ministry of Justice or the court having jurisdiction to issue an international warrant of arrest may request the foreign authorities to arrange for the provisional arrest of the accused. In the pre-trial period, the court shall proceed in this manner upon a motion by the prosecutor. Such request shall contain the information specified in Article 490 par. 3 lit. a/ and b/ as well as a statement that an international warrant of arrest has been or will be issued against the accused and that his extradition will subsequently be requested.
(2) The court shall promptly inform the Ministry of Justice that it made such a request and submit to the Ministry an international warrant of arrest issued under section 490.
Request for arrest and surrender
EDIT.