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1468
Uluslararası Adli İşbirliği
ARTICLE 44
The judicial procedure and special rules of competence
(1) The judicial procedure of extradition is of the competence of the court of appeal in whose
jurisdiction the extraditable person has been located and of the prosecution office attached to
that court of appeal.
(2) The request for provisional arrest in view of extradition and the request for extradition
must be dealt with by a panel of one judge of the criminal section of the competent court of
appeal
(3) The decision handed down regarding the request for extradition is subject to appeal on
points of law, according to Articles 54 para.(8) and Art. 55.
(4) The norms of criminal procedure concerning prosecution, trial and enforcement shall apply
for the procedure of extradition as well, to the extent that this law does not provide otherwise.
ARTICLE 45
Provisional arrest and notification of the court
(1) The competent general prosecutor or the public prosecutor designated by the general
prosecutor shall, within 48 hours from receipt of an extradition request and of the attached docu-
ments, identify the extraditable person, who must be informed about the contents of the docu-
ments sent by the authorities of the requesting State.
(2) After identification, the competent general prosecutor shall immediately notify the com-
petent court of appeal, in order for it to decide upon the measure of provisional arrest in view
of extradition of the extraditable person and of continuing the judicial procedure of solving the
request for extradition.
(3) Provisional arrest in view of extradition shall be ordained and extended by the same panel
empowered to solve the request for extradition, through an order issued in camera, while the
total duration of provisional arrest may not exceed 180 days. After drawing up the order of pro-
visional arrest, the judge shall at once issue a warrant for provisional arrest in view of extradition.
The provisions of the Criminal Procedure Code regarding the contents and the enforcement of
arrest warrants shall apply mutatis mutandis.
(4) The extraditable person regarding whom the measure of provisional arrest has been taken
shall be placed in arrest with the police.