Contents of request for arrest and surrender - national law requirements

Bosnia and Hezegovina

Bosnia and Herzegovina - Criminal Procedure Code 2001 (2018) EN

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 416

Request for Extradition

The procedure for the extradition of suspect, indicted or convicted aliens shall be initiated upon request of a foreign
state.

The request for extradition shall be submitted through diplomatic channels.

The following items must be attached to the request for extradition:

a) items for establishing the identity of the suspect, indicted or convicted person (precise description,
photographs, fingerprints etc.);

b) certificate or other data on the citizenship of the alien;

c) indictment or verdict or decision on detention or any other act which is equivalent to this decision, in the original copy or certified transcript, which should indicate the name and surname of the person whose extradition has been requested and other data necessary for verifying his identity, description of the offense, legal name of the criminal offense and evidence for suspicion;

d) excerpt from the text of the criminal code of a foreign state which is to be applied or has been applied to the suspect, indicted or convicted person for the offense on account of which the extradition has been requested, and if the offense has been committed on the territory of a third country, then also the excerpt from the text of the criminal code of that country.

If the attachments referred to in Paragraph 3 of this Article have been written in a foreign language, a certified translation into one of the official languages in Bosnia and Herzegovina should be attached.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 126

The decision authorized the extradition of the alien shall mention the following:

a) that he cannot be prosecuted for another criminal offense committed prior to the extradition;

b) that he cannot be subjected to the enforcement of a sentence for another criminal offense committed prior to the extradition;

c) that a sentence more severe than the sentence he has been convicted to cannot be applied to him;

d) that he cannot be extradited to a third country for prosecution for a criminal offense committed prior to the extradition being authorized.

Apart from the reasons referred to in Paragraph 1 of this Article, other conditions for extradition may be also put forward in the decision.

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.