PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
3. Apprehension

Article 177
(1) The order for apprehension of the accused one can be issued by the court if there is an existence of the grounds for pre-trial custody under article 184 of this law, if the decision for the pre-trial custody is already brought or if the accused one who was correctly summoned does not come, and if he does not justify his absence or if was not possible to complete the correct delivering of the summon, and from the circumstances it is obvious that the accused one avoids the reception of the summon.
(2) The order for apprehension is carried out by the Ministry of Internal Affairs.
(3) The order for apprehension is issued in writing. The order has to contain: the name of the accused who is to be apprehended, the title of the imposed crime with the notification of the provision of the Criminal Code, the reasons for ordering apprehension, an official seal and signature of the judge who is ordering the apprehension.
(4) The person entrusted with the order hands in the order to the accused and asks him to follow him. If the accused refuses it, he will apprehend him forcefully.
(5) Against army officials, police officials or security officials of an institution for persons deprived from their freedom, an order for apprehension will not be issued but from their headquarters i.e. institution it will be demanded the person to be apprehended .

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
8. Detention

Article 185
(2) The pre- trial detention is determined with a written decision which contains: the name of the person deprived from his freedom, the crime for which he is accused of, the legal ground for pre- trial detention, the name of the institution in which the pre- trial custody is carried out, instruction of his right to an appeal and a brief explanation with a special elaboration on the grounds on which the pre- trial detention is determined, an official seal and a signature by the judge who has determined the pre- trial detention .

PART TWO COURSE OF PROCEDURE
Chapter XXXIII
PROCEDURE FOR EXTRADITION OF ACCUSED AND CONVICTED PERSONS, AND PROCEDURE FOR TRANSFER OF CONVICTED PERSON
1. The procedure for extradition of the accused and convicted persons.

Article 509
The extradition of the accused or of the convicted persons will be requested or will be performed in accordance with the provisions of this law, whether with the European Convention of Extradition with the Protocols and with the other international treaties ratified according to the Constitution of the Republic of Macedonia it is not differently regulated

Article 510
(1) Presumptions for extradition are:
1) the person whose extradition is requested not to be a citizen of the Republic of Macedonia;
2) the crime for which there is a request for extradition not to be committed on the territory of the Republic of Macedonia against it or against its citizen;
3) the crime for which there is a request for extradition to be a crime both according to the domestic law and the law of the country in which it has been committed;
4) according to the domestic law the criminal prosecution not to be obsolete or the execution of the punishment not to be obsolete before the foreigner is detained or examined as an accused;
5) the foreigner whose extradition is requested not to be convicted before by the domestic court for the same crime, or for the same crime by the domestic court not to be released with a legally valid decision, or against him the criminal procedure not to be interrupted or the prosecution not to be rejected with a legally valid decision, or for the same crime procedure not to be initiated in the Republic of Macedonia or against it or against a citizen of the Republic of Macedonia, unless a guarantee is not issued for realisation of the lawful property request of the damaged;
6) the identity of the person, whose extradition is requested to be determined, and
7) there to be sufficient evidence for a grounded suspicion that the foreigner, whose extradition is requested, committed certain crime or that there is a legally valid verdict.

Article 511
(1) Procedure for extradition of accused or convicted foreigners is initiated on the application of the foreign country.
(2) The application for extradition is submitted in a diplomatic course.
(3) To the application for extradition must be enclosed:
1) means for determination of the identity of the accused i.e. the convicted person (exact description, photographs, fingerprints and similar);
2) certificate or other data for the citizenship of the foreigner;
3) the prosecution act or the verdict or the decision for detention or another act which is equivalent to this decision, in original or in a certified copy in which has to be noted the name of the person whose extradition is requested and other necessary data for determination of his identity, description of the crime, lawful title of the crime and evidence for the grounded suspicion, and
4) an extract from the text of the Criminal Code of the foreign country which is to be applied or has been applied against the accused for the crime for which there is a request for extradition, and if the crime has been committed on the territory of a third country, also an extract from the text of the Criminal Code of that country.
(4) If the application and the enclosed documents are in a foreign language, it also has to be enclosed a certified translation in Macedonian language .

Article 512
(1) The Ministry of External Affairs delivers the application for extradition of a foreigner by the Ministry of Justice to the investigating judge of the court on whose region the foreigner has resided or on whose region he will be caught.
(2) If the permanent or temporary residence of the foreigner whose extradition is requested is not known, it will be previously determined by the assistance of the police.
(3) If the application is appropriate to the conditions in Article 511 of this Code, the investigating judge will issue an order the foreigner to be detained if there are reasons under Article 184 of this Code, i.e. will undertake other security measures his presence to be secured, unless from the application itself it is obvious that there is no question for extradition.
(4) After he has determined the identity of the foreigner, without any delay the investigating judge will inform the foreigner why and on the basis of which evidence his extradition is requested and he will call him to make a statement at his defence.
(5) For the examination and the defence will be constructed a minutes. The investigating judge will instruct the foreigner that he may choose a counsel or he will assign him a counsel ex officio, if it is a crime for which defence is compulsory according to this Code .

Article 513
(1) In emergencies, when there is a danger that the foreigner might abscond or hide, the Ministry of Internal Affairs may arrest the foreigner to be delivered to the investigating judge of the competent court on the basis of the application of the competent foreign agency, without reference how it is directed. In the application have to be included the data for the certification of the identity of the foreigner, the nature and the title of the crime, the number of the decision, the date, place and title of the foreign agency which has determined the detention and a statement that the extradition will be requested regularly.
(2) When detention is determined in reference of paragraph 1 of this Article, after the examination, the investigating judge will inform of the detention the Ministry of External Affairs by the Ministry of Justice.
(3) The investigating judge will release the foreigner when the reasons for detention cease to exist, or if the application for extradition is not submitted within the period which he has determined, taking into consideration the distance of the country which requests for extradition, and which deadline for delivery of the motion and writs for extradition can not be longer then 40 days from the day when the alien was detained, and the time limit for transferring can not be longer then 180 days from day when he was detained.
(4) When the proscribed application is submitted within the determined period, the investigating judge will proceed according to Article 512, paragraphs 3 and 4 of this Code .

Article 514
(1) After the hearing of the public prosecutor and the counsel, if necessary the investigating judge will conduct other inspections in order to be certified whether there are conditions for the extradition of the foreigner i.e. for delivery of the objects on which or with which assistance the crime has been committed if the objects have been confiscated from the foreigner.
(2) After the conducted inspections, the investigating judge will submit to the Chamber the inspection records and his opinion.
(3) If against the foreigner whose extradition is requested there is a criminal procedure at the domestic court due to the same or another crime, the investigating judge will notify that in the records.

Article 515
(1) If the Chamber of the competent court finds that the lawful presumptions for extradition are not fulfilled, it will bring a decision that the application for extradition is denied. The decision will be directed ex officio by that court to the Supreme Court of the Republic of Macedonia, which after the hearing of the public prosecutor will either confirm, cancel or alter the decision.
(2) If the foreigner is detained, the Chamber may decide the foreigner to remain in detention until the legally valid decision is reached for the rejection of the extradition.
(3) The legally valid decision with which the extradition is rejected will be directed by the Ministry of Justice to the Ministry of External Affairs, which will inform the foreign country of that.

Article 516
If the Chamber of the competent court finds that the lawful presumptions for extradition of the foreigner are fulfilled (Article 510), it will certify it with a decision. Against the decision the foreigner has a right to an appeal to the competent court.

Article 517
If the court on the appeal finds that the lawful conditions for extradition of the foreigner are fulfilled, i.e. if against that decision of the first degree court an appeal is not submitted, the case is directed to the Ministry of Justice, which will decide on the extradition.

Article 518
(1) The Minister of Justice reaches a decision with which he allows or does not allow the extradition. The Minister of Justice may bring a decision the extradition to be postponed because of the fact that for another crime at the domestic court there is a criminal procedure against the foreigner whose extradition is requested or because the foreigner is serving a sentence in the Republic of Macedonia.
(2) The Minister of Justice will not allow extradition of a foreigner if he has a right of asylum in the Republic of Macedonia or if it is in question a political or military crime. He may reject the extradition if they are in question crimes for which according to the domestic law is proscribed a sentence to three years or if the foreign court has pronounced a sentence of imprisonment to one year.
(1) The Minister of the Justice will not allow the extradition of a foreigner if there are serous reasons of suspicion that he will be subjected of severe torture and other kind of severe, inhuman or humiliating behaviour or pronouncement of death sentence.
(2) Upon the proposition of the Minister of Justice the Government can decide not to permit the extradition where for this there are special justified state interests .

Article 519
(1) In the decision with which it is allowed extradition of a foreigner, the Minister of Justice will note:
1) that the foreigner cannot be prosecuted for another crime committed before the extradition;
2) that against him cannot be executed a sentence for another crime committed before the extradition;
3) that against him cannot be applied a more severe punishment than the one he is convicted of, and
4) that he cannot be extradited to a third country due to prosecution for a crime committed before the allowed extradition.
(2) Apart from the noted conditions, the Minister of Justice may set other conditions for extradition .

Article 520
(1) Of the decision with which it is decided on the extradition will be informed the foreign country in a diplomatic course.
(2) The decision with which the extradition is allowed will be directed to the Ministry of Internal Affairs which orders the foreigner to be apprehended to the border where on the agreed place he will be extradited to the agencies of the foreign country which has requested the extradition .

Article 521
(1) If extradition of the same person is requested by several foreign countries for the same crime, the primacy will be given to the application of the country whose citizen the person is, and if that country does not request the extradition- to the application of the country on which territory the crime has been committed, and if the crime has been committed on the territory of several countries or if it is not known where it is committed- to the application of the country which has first requested for extradition .
(2) If extradition of the same person is requested by several countries for different crimes, the primacy will be given to the application of that country whose citizen the person is, and if that country does not request extradition- to the application of the country on whose region is committed the most severe crime, and if the crimes are equally severe- to the application of the country which has first requested for extradition .

Article 522
(1) If against the person who is in a foreign country, there is a criminal procedure in the Republic of Macedonia or if the person who is in a foreign country is convicted by the domestic court, the Minister of Justice submits an application for extradition.
(2) The application is submitted to the foreign country in a diplomatic course and with it are enclosed the documents and data under Article 511 of this Code.

Article 523
(1) When there is a danger that the person whose extradition is requested might either abscond or hide, before it is proceeded according to Article 522 of this Code, the Minister of Justice may request against that person to be undertaken necessary measures for his detention.
(2) In the application for temporary detention will be particularly noted the data on the identity of the requested person, the nature and title of the crime, the number of the decision, the date, place and title of the body which has determined the detention, i.e. data on the verdict which is legally valid as well as the statement that the extradition will be requested regularly.
(3) The time spent in detention which is determined by the foreign court, is not calculated in the period determined under Article 189, paragraph 1 of this Code.

Article 524
(1) If the requested person is extradited, he may be criminally prosecuted, i.e. against him a sentence executed only for the crime for which the extradition has been allowed.
(2) If that person has also been convicted with a legally valid verdict by the domestic court for other crimes committed before the extradition for which the extradition is not allowed, the provisions of Article 330 of this Code will be accordingly applied.
(3) If extradition is allowed under particular conditions in view of the type or severity of the sentence which may be pronounced i.e. be executed and under these conditions is accepted, during the pronouncement of the sentence, the court is bound to those conditions, and if it is in question an execution of an already pronounced sentence, the court which has proceeded in last degree will alter the verdict and will accord the pronounced sentence to the conditions for extradition.
(4) If the extradited person was detained in a foreign country for a crime for which he is extradited, the time which he spent in detention will be calculated in the sentence.

Article 525
(1) If extradition is requested by a foreign country from another foreign country and the requested person has to be extradited through the territory of the Republic of Macedonia, the extradition on the application of the interested country may be allowed by the Minister of Justice under condition that he is not a citizen of the Republic of Macedonia and the extradition not to be performed for a political or military crime.
(2) The application for extradition of the person through the territory of the Republic of Macedonia has to contain all data under Article 511 of this Code.
2. The procedure for transfer of the convicted persons

Article 525-a
The procedure for the transfer of the convicted person shall be performed in accordance with the provisions from this law in line with the European Convention for transfer of the convicted person with the Additional Protocol and with the others International treaties ratified in accordance with the Constitutions of the Republic of Macedonia.

Article 525-b
(1) The convicted person who is not citizen of Republic of Macedonia can submit request for execution of sanction on the territory of other country which has to be with in accordance with the Convention from the article 525-a of this Law
(2) The requests and the replies related with the procedure for transfer are referred through the Ministry of Justice.
(3) The reply on the request with which the transfer was granted will be handed over to the Ministry of interior Affairs as well, and the convicted person will be escorted to organs of the other foreign state by the MOI .