Competing request - same conduct

Bosnia and Herzegovina

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

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 427

Procedure in Case of a Larger Number of Requests for Extradition

If extradition of the same person has been requested by several foreign states due to the same criminal offense, precedence shall be given to the request of the state whose citizen that person is, and if that state does not request the extradition, then precedence shall be given to the request of the state on the territory of which the criminal offense has been committed, and if the offense has been committed on the territory of several states or if it is not known where the offense has been committed – precedence shall be given to the request of the state which was the first to request the extradition.

If the extradition of the same person has been requested by several foreign states due to different criminal offenses, precedence shall be given to the request of the state whose citizenship that person has, and if this state does not request extradition, then precedence shall be given to the request of the state on the territory of which the most severe criminal offense has been committed, and if the offenses are of the same gravity – precedence shall be given to the request of the state which was the first to request extradition.

Rome Statute

Article 90 Competing requests

3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.