Postponement - ongoing investigation or prosecution

Ukraine

Code of Criminal Procedure of Ukraine 2012 (2015)

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 469. Delay of surrender

1) the person concerning whom decision on surrender (extradition) is passed, is brought to the criminal liability or serves punishment in the form of deprivation or restriction of liberty for other crime committed in the territory of Ukraine - till the termination of prejudicial inquiry or assize, serving of punishment or discharging from punishment because any lawful bases;

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).