Slovakia

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

CHAPTER TWO
EXTRADITION

Division Two

Section 502
Preliminary investigation

(1) Preliminary investigation shall be conducted by the prosecutor of a regional prosecution office, to whom the ministry of justice forwarded the request by a foreign authority for extradition abroad, or in whose district the person to be extradited to the requesting State was arrested or lives. If the preliminary investigation was opened before delivery of the request for extradition the prosecutor informs about it immediately the ministry of justice.

(2) The goal of a preliminary investigation is to determine whether conditions for the admissibility of extradition are met.

(3) During the extradition proceedings the person whose extradition is sought shall be represented by a defence counsel.

(4) The prosecutor shall hear the person and inform him about the content of the extradition request. He shall serve on the person a copy of the request and the sentence, the international warrant of arrest or any other order on which the request is based.

(5) If the person whose extradition is sought was placed in provisional arrest or in custody pending extradition, his contacts with his defence counsel and attorney, the correspondence in custody and visits in custody shall be governed mutatis mutandis by the regulations relating to the enforcement of custody.

Keywords

Admissibility challenge
Complementarity
Admissibility challenge - State investigation or prosecution



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