Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)


Article 458. Features of detention into custody

The decision of the competent body of foreign state on taking of the person into custody or establishing of punishment for such person in the form of imprisonment is the basis for detention into custody in the territory of Ukraine of the person who:
1) are transported by territory of Ukraine;
2) temporarily extradited to Ukraine.


Article 459. Features of participation of the defender in the course of surrender of the person (extradition)

Searched by the foreign state person has the right to the defender at any stage of his surrender (extradition), but not later than from the moment of detention.

From the moment of admission of the defender to participation in a case, he has the rights provided by subparagraphs 1, 2, 3, 6, 10, 11, 12 of paragraph 2 of article 48 of this Code. Execution of the rights of defender provided by subparagraphs 7, 8, 13 of paragraph 2 of article 48 of this Code as well as the duties of the defender provided by this Code, is carried out within the limits connected with consideration and making of decision on request on surrender of the person (extradition).

The body of inquiry, which has detained such person, can appoint the defender in cases and according to the procedure, provided by this Code, through bar association. The requirement on appointment of the defender is binding for the head of bar association.


Article 460. Features of participation of the translator in the course of surrender of the person (extradition)

At any stage of surrender of the person (extradition) body of inquiry which has detained such person, the court or body which carries out extradition check, can engage the translator if such person does not know language by which proceedings are carried out, or there is a necessity for providing of translation of documents.


Article 461. Features of detention of the person who has committed a crime outside of Ukraine

Detention in territory of Ukraine of the person searched by the foreign state in connection with commitment of a crime is carried out by body of inquiry.

The public prosecutor, inspecting the observance of laws by body of inquiry which has carried out detention, is notified therewith on detention. The notice to the public prosecutor
being attached with the copy of the report on detention shall contain the detailed information concerning the bases and motives of detention.

The public prosecutor, having received the notice, examines legality of detention of the person being searched by the competent bodies of foreign states and immediately notifies the public prosecutor's office in oblast.

Within seventy two hours after detention the public prosecutor's office in oblast notifies on detention of such persons the corresponding central body which notifies the competent body of foreign state within three days.

The public prosecutor's office in oblast also notifies the Ministry of Foreign Affairs of Ukraine on each case of detention of the national of foreign state who has committed a crime outside of Ukraine.

The detained person shall be released immediately in case if:
1) within seventy two hours from the moment of detention the reasoned judgment of court on application of temporary or extradition arrest is not served to such person;
2) circumstances are found out under which surrender (extradition) is not executed. The
procedure of detention of such persons and consideration of complaints on their detention is carried out according to article 106 of this Code taking into account the features established by this title.

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 463. Extradition arrest

After receipt of request of the competent body of foreign state on surrender of the person by order (application) of the central body, the public prosecutor files petition on extradition arrest of such person to court in which jurisdiction the person is holding in custody.

Besides the petition the following documents are submitted to court:
1) a copy of request of the competent body of foreign state on surrender of the person (extradition), certified by the central body;
2) documents on citizenship of the person;
3) available materials of extradition check.

Materials, submitted to the court, shall be translated into state language or other language provided by the international treaty of Ukraine.

After reception of petition the judge establishes identity of the person, proposes him to make the statement, checks out request on surrender and available materials of extradition check, hears the opinion of the public prosecutor, other participants and passes resolution on:
1) application extradition arrest;
2) refusal in application of extradition arrest if for its choosing there are no bases. Considering the petition the judge does not examine question on culpability and does not check legality of the procedural decisions passed by the competent bodies of foreign state in the case against the person the request on surrender is received for.

The resolution of the judge can be appealed by the public prosecutor, the person against whom temporary arrest is applied, his defender or the lawful representative before the court of appeal within three days from the date of passing of the resolution. Appeal against the resolution of the judge does not cease entry into force of such resolution and its execution. The ruling of the court of appeal is not subject to appeal; it can not be appealed by cassation petition of the public prosecutor.

Extradition arrest is applied to the decision of a question on surrender of the person (extradition) and his actual transfer, but cannot be more than eighteen months. Within this term the judge of jurisdiction the person is holding in custody checks out existence of the bases for further holding of the person in custody or for discharging of such person upon the petition of the public prosecutor at least once in two months.

Upon the complaint of the person against whom temporary arrest is applied, his defender or the lawful representative the judge of jurisdiction the person is holding in custody checks out existence of the bases for discharging of such person not more than once in a month.

If the maximum term of extradition arrest provided by paragraph 7 of this article expires, and a question concerning surrender of the person (extradition) and its actual surrender is not solved by the central body, the person shall be immediately discharged.

Discharging of the person from extradition arrest by the court does not interfere with its reapplication for the purpose of actual surrender of the person to foreign state for execution of the decision on surrender except as otherwise provided by the international treaty of Ukraine.

In case of discharging of the person by the court, the public prosecutor in oblast or his deputy by agreement with the corresponding central body passes ruling on application of other necessary measures aimed at prevention of flight of the person and providing of his surrender.

Such measures shall be sufficient to guarantee the possibility of execution of decision on surrender of the person (extradition), and can provide, in particular, bail, establishment of restrictions for movement of the person and the control over the place of stay of such person. Application of bail and establishment of restrictions for movement of the person are carried out according to the procedure provided by articles 981, 151 and 154-1 of this Code, taking into account features of this title.

The public prosecutor in oblast or his deputy notifies the person against whom resolution is passed, his defender or the lawful representative on passing the resolution.

The public prosecutor in oblast or his deputy can be charged by body of inquiry with execution of resolution.