Contents of request for arrest and surrender - national law requirements

Slovak Republic

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

CHAPTER TWO
EXTRADITION

Division one
Requesting extradition

Section 490

(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.

CHAPTER TWO
EXTRADITION

Division Two

Section 498
Extradition abroad

(1) The requests by foreign authorities for extradition of a person from the Slovak Republic shall be submitted to the Ministry of Justice.

(2) The request shall be submitted in writing and shall be supported by

a) the original or an authenticated copy of the sentence, warrant of arrest or another order having equal effect,
b) a description of the criminal offences for which extradition is requested, including the date and place of their commission and their legal qualification,
c) the wording of the applicable legal provisions of the requesting State.

(3) If the request was not supported by the documents or information specified in paragraph 2 or if the information provided is insufficient, the Ministry of Justice shall request additional information and may impose a deadline for its provision.

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.