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1471
Kanunları ve Tercümeleri
ARTICLE 48
The procedure with the court of appeal
(1) In the first hearing, the court shall take a statement from the extraditable person, who
shall be assisted free of charge by an interpreter and a defender appointed ex officio, if there is no
chosen lawyer. The presence of the public prosecutor is obligatory. The procedure shall be public,
unless the extraditable person or the public prosecutor opposes its publicity, and it shall be also
oral and contradictory.
(2) The extraditable person or the session prosecutor may request that the court allow a supp-
lementary term of 8 days, for sufficiently justified reasons. The public prosecutor’s office shall be
obliged to contribute to the collection of data and documents needed in order to establish whet-
her the conditions are met for an extradition and to ordain the seizure and depositing with the
court of the objects referred to in Art. 21.
(3)After the questioning, the extraditable person may opt either for voluntary extradition, or
for continuation of the procedure, in case of opposition to extradition.
ARTICLE 49
Voluntary extradition
(1) An extraditable person shall have a right to declare before the court that he renounces
the benefits of defending himself against the request for extradition that are provided to him
by the law, and that he gives his consent to being extradited and surrendered to the competent
authorities of the Requesting State. His statement shall be recorded in an official record, signed
by the president of the judgement panel, by the court clerk, by the extraditable person, by his
lawyer and by the interpreter. If the court finds that the extraditable person is fully aware of the
consequences of his option, the court, taking note of the public prosecutor’s conclusions also,
examines whether there are any impediments for extradition. If it is found that voluntary extradi-
tion is admissible, the court shall take act of this through a sentence and ordain upon the measure
of preventive arrest to be taken until the extraditable person is surrendered. This sentence is final
and shall be drawn up within 24 hours, and an authenticated copy of it shall be sent at once to the
Ministry of Justice, which shall proceed according to the law.
(2) Under the conditions in para. (1), the extraditable person may declare that he renounces
the entitlement to the speciality rule provided in Art. 731
ARTICLE 50
Simplified extradition
In the case mentioned in Article 49, it is no longer necessary to present a formal request for