PART THREE Individual forms of International Judicial Cooperation
Chapter II Extradition of Persons
Sub-chapter 2 Extradition to Foreign States
Section 102 Concurrence of Requests for Extradition from Several States
(1) In case requests of several foreign states for extradition of the same person are received, conditions of admissibility of extradition will be assessed in relation to each of these requests separately. In such a case the competence for proceedings on assessment of admissibility of extradition on the basis of an extradition request served later will pertain to the court competent for proceedings on admissibility of extradition on the basis of a request received earlier. After the decision on admissibility of extradition comes to full force and effect, the Minister of Justice will decide, to which state this person will be extradited. At the same time he may grant a consent to his extradition to another state that requested his extradition.
(2) When deciding to which foreign state will the person be extradited, the Minister of Justice will consider especially the order, in which the requests were received, circumstances of commission of the criminal offences, for which the extradition is requested, including their seriousness, the type and extent of the imposed sentences and the probability of each state in question to achieve subsequent extradition of the person from the state, to which the person would be extradited from the Czech Republic, as well as the fact, whether the extradition is requested for the purpose of criminal proceedings or execution of an unsuspended sentence of imprisonment or a protective measure associated with incarceration.
(3) Provision of Section 96 will not apply in case of concurrence of requests for extradition; if the person concerned by the extradition already gave his consent with his extradition, such consent will not be taken into account.
PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter I General Provisions
Section 151 Concurrence of Requests
In case requests or orders of several international courts or of an international court an a foreign state are served to the authorities of the Czech Republic and they concern the same person or the same matter and providing cooperation on the basis of all such requests or orders is not possible, conditions and possibilities of providing cooperation will be assessed in relation to each request and order individually. Therein will be considered especially the nature of the obligation to cooperation with the international court, the order, in which these requests and orders were served to the authorities of the Czech Republic, circumstances of commission of the criminal offenses concerned by these requests and orders, including their seriousness, furthermore the type and extent of sentences that may be or have been imposed and the probability, with which the international courts and states, requests and orders of which were served to the authorities of the Czech Republic, may achieve provision of cooperation in mutual relations.
Section 152 Not Granting and Suspension of Execution of Request or Order
(1) The judicial authority will consult the international court, before not granting or partially granting its request or order, about the conditions, under which it would be possible to grant the request or order, including eventual correction or supplementation thereof
(2) The judicial authority may postpone execution of a request or order of an international court only after a previous consultation with the international court and only for a fixed time period; its duration will the judicial authority notify to the international court along with a notification of suspension of execution of the request or order. If a request or order of an international court referred to in Section 145 (1) (a) is concerned, it may do so only after a consultation with this international court.
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
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.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.