What are the phases of the extradition procedure?

Primarily, it depends on whether the requester is a member of the European Union. In case of EU member states, the surrender of a person requires the issuance of a European Arrest Warrant (?EAW?) which grants a simplified and faster procedure (it must be closed within 90 (ninety) days of the arrest of the criminal suspect). Continue reading

How long can a person be kept in detention?

A person arrested on the basis of an EAW or an international arrest warrant may be kept in detention for 72 hours. If the requested person does not consent to his/her surrender and none of the grounds for the non-execution of the surrender are applicable, the Metropolitan Court may order the provisional arrest of the requested person and informs the member state issuing the EAW accordingly so that it could transmit the EAW immediately. Continue reading

What happens when several countries have issued EAWs to arrest the same person?

If several member states have issued EAWs to arrest the same person, the Metropolitan Court shall decide on the enforcement of the EAWs and by considering all the circumstances, also determines on the basis of which EAW the person shall be surrendered. When the court renders its decision, it pays special attention to the scene and the severity of the criminal offence, as well as the date of the EAWs..

Can a person who was arrested for surrender be released on bail?

No. None of the custodial measures of the person?s surrender or extradition can be replaced by house arrest or home detention. Similarly, the arrested person cannot be released on bail. This is why it is of extreme importance whether the court deems the conditions of the surrender fulfilled, since the only case when the arrested person cannot be kept in detention is if those conditions are not met.

Where is the person in pre-trial detention held?

Pre-trial detentions are usually executed in penal facilities. Therefore, the suspect, who was held under arrest in the cells of a police stationhouse, after the court hearing is closed and the court has ordered the suspect?s pre-trial detention, is transferred to one of the penal institutions. Continue reading