Slovakia

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

CHAPTER TWO
EXTRADITION

Division Two

Custody pending extradition

Section 506

(1) If it is necessary to prevent the escape of the person whose extradition is sought, the presiding judge of a panel of the Regional Court shall place him in custody. He shall rule to this effect upon a motion by the prosecutor conducting the preliminary investigation.

(2) If the person whose extradition is sought gives his consent to extradition or if his extradition was declared admissible, the Regional Court shall place the person in custody pending extradition, unless this had already been done by the presiding judge earlier under paragraph 1.

(3) The presiding judge of a panel of the Regional Court shall order the release of the person from the custody pending extradition as of the day of his surrender to the foreign authorities, at the latest by the 60th day from the decision of the Minister of Justice granting extradition ; in the case set out in Article 507 by the 60th day from the commencement of the custody pending extradition at the latest, provided the decision by the Minister of Justice granting extradition was taken before that date. In addition he shall order the release from the custody pending extradition if

a) the requesting State withdrew its request,
b) the extradition was declared inadmissible by the Supreme Court or if the Minister of Justice refused to grant extradition,
c) the grounds for custody, extradition or the surrender ceased for other reasons.

Section 507

(1) If the person whose extradition is sought is already in custody in connection with criminal prosecution conducted by the Slovak authorities or serving a prison sentence imposed by a final judgement issued by the Slovak court, the court shall take that person into custody pending extradition, but the execution of such custody shall remain suspended.

(2) If the grounds for custody or the prison sentence under paragraph 1 cease to exist, the suspension of the execution of the ordered custody shall be lifted and the person whose extradition is sought shall be placed in custody pending extradition.

(3) The Regional Court in whose territory the person whose extradition is sought is in custody or serving the sentence shall have jurisdiction in the proceedings under paragraph 1.

(4) The prosecutor specified in Article 502 paragraph 1 shall conduct the preliminary investigation in the case provided for in paragraph 1.

Section 508

(1) An appeal shall be admissible against the decision on custody under Articles 505, 506 paragraph 1 and 507, but it shall have no postponing effect.

(2) The court shall inform the ministry of justice about all decisions concerning the custody.

Keywords

Detention pending surrender



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