CHAPTER ONE
BASIC PROVISIONS

Section 485
Surrender of persons and things

(1) Person extradited or surrendered from another State on the basis of a request made under this Chapter shall be taken over from the foreign authorities by the police authorities designated by the Minister of Interior. Unless otherwise provided for in this Chapter, the police shall surrender the person to the nearest custody or prison facility, which shall inform the competent court without delay.

(2) Person extradited or surrendered to another State on the basis of a request made under this Chapter shall be taken over from the custody or prison facility by the police authorities designated by the Minister of Interior and surrendered to the foreign authorities.

(3) The transit of a person through the territory of the Slovak Republic under Article 543 shall be carried out by the police authorities designated by the Minister of Interior. During the transit the personal liberty of the transported person shall be limited in order to prevent his escape. Coercive measures provided for in a separate act shall be applicable to the restriction of personal liberty of the person in transit.

(4) The police authorities designated by the Minister of Interior shall also surrender and take over things under Article 550 as well as take over and return things surrendered by another State upon a request by Slovak authorities if it is not possible or opportune to send such things by post, and shall carry out the transit of a thing trough the territory of the Slovak Republic upon a request by foreign authorities.

CHAPTER TWO
EXTRADITION

Division Two

Section 504
Detention

(1) Upon a request by the foreign authorities, the prosecutor responsible for conducting the preliminary investigation may order the police to detain the person whose extradition will be requested by the foreign authorities. The prosecutor shall not be bound by the grounds for custody specified in Article 71.

(2) The person being sought by foreign authorities for extradition may be arrested by a police upon prior consent of the prosecutor. Without such a consent the person may be arrested only in cases of urgency and if there is no possibility to obtain such a consent in advance.

(3) Detention shall be immediately reported to the prosecutor. If the prosecutor does not order the release of the detained person within 48 hours of his detention, he shall submit, within the same deadline, a motion to the court for the person to be taken into provisional arrest or into custody pending extradition.

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.