PART THREE Individual forms of International Judicial Cooperation
Chapter II Extradition of Persons
Sub-chapter 1 Requesting Extradition from a Foreign State
Section 79 Materials for Requesting Extradition from Foreign States
(5) The court will attach to the request pursuant to Sub-section (1)
a) order to detain, order to arrest or an order to deliver a person for execution of a sentence of imprisonment,
b) declaration of identity of the person concerned by the extradition, containing his name and surname, other personal data enabling his identification and data on his nationality, eventually his description, photograph and fingerprints
c) detailed description of the facts, with accurate indication of the time, place and manner of commission of the act,
d) statutory designation of the criminal offence with literal wording of the applicable statutory provisions, including the criminal rate stipulated for the criminal offence in question,
e) literal wording of the provision of Criminal Code on the statute of limitations on criminal liability or execution of a sentence, and in case more than 3 years have passed since the time of commission of the crime or more than 5 years have passed since the decision, on the basis of which the sentence is to be executed, came into full force and effect, also statement of actions, which caused suspension or discontinuation of the statute of limitations,
f) full copy of entry in the Criminal Record in relation to the person concerned by the extradition and information whether there is any other criminal proceeding being conducted against this person in the Czech Republic.
(6) For the purposes of requesting extradition of persons from a foreign state for execution of an unsuspended sentence of imprisonment or protective measure associated with incarceration, the court will hand over to the Ministry also counterparts or verified copies of the decision of the court of first instance with a legal force clause and the decision of the court of second instance, if it was rendered. If the decision was issued in proceedings against a fugitive or in the absence of the person concerned by the extradition, the court will hand over to the ministry also a description of the manner of securing the defense rights; in case of proceedings against a fugitive, literal wording of Section 306a of the Code of Criminal Procedure and provisions of the Criminal Code on the statute of limitations will also be attached.
(7) In case an aggregate sentence has been imposed, the court will hand over the documents referred to in Sub-section (5) (c) to (e) and in Sub-section 6 to the Ministry also in relation to judgments on all concurring criminal offences the aggregate sentence has been imposed for.
(8) The court will hand over to the Ministry upon its request additional documents necessary for requesting extradition of a person from a foreign state; therein the public prosecutor will provide the necessary cooperation.
(9) The Ministry will determine the form, in which the documents referred to in Sub-section (5) to (8) are to be submitted by the court and to which language are they to be translated by the court, if it can be expected that such form or translation will be required by the foreign state, or should it be necessary for the purposes of international search.
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1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:
(a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and
(b) The arrest of the person appears necessary:
(i) To ensure the person's appearance at trial;
(ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings; or
(iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
2. The application of the Prosecutor shall contain:
(a) The name of the person and any other relevant identifying information;
(b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;
(c) A concise statement of the facts which are alleged to constitute those crimes;
(d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and
(e) The reason why the Prosecutor believes that the arrest of the person is necessary.
3. The warrant of arrest shall contain:
(a) The name of the person and any other relevant identifying information;
(b) A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and
(c) A concise statement of the facts which are alleged to constitute those crimes.
4. The warrant of arrest shall remain in effect until otherwise ordered by the Court.
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.
6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.
7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:
(a) The name of the person and any other relevant identifying information;
(b) The specified date on which the person is to appear;
(c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and
(d) A concise statement of the facts which are alleged to constitute the crime. The summons shall be served on the person.
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.
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.