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Kanunları ve Tercümeleri
ARTICLE 54
Resolution of the case
(1) After examining the request for extradition, the evidence and the conclusions of the extra-
ditable party and of the public prosecutor, the court of appeal may
a) ordain, in case of concurrence of requests as provided in Art. 41, that the cases be
joined, even if they refer to different acts or are registered with different courts of appeal. The
jurisdiction belongs to the court of appeal that was the first to be notified
b)ordain, in case of need for additional information from the Requesting State accor-
ding to Art. 53, a postponement of the resolution of the request for extradition for a term of 2
months. The request may be reiterated, and then a last term of 2 more months shall be granted;
c)find, through a sentence, whether or not the conditions for extradition are met.
(2) The court of appeal is not competent to decide upon the correctness of the prosecution
or conviction for which the foreign authority is requesting extradition, nor upon the desirability
of the extradition.
(3) Should the court of appeal find that the conditions for extradition are met, it shall decide
to allow the request for extradition and ordain the maintenance of the provisional arrest in view
of extradition, until the extradited person is surrendered, in Art. 59.
(4) The decision ordaining extradition shall be reasoned within 5 days from its handing down.
(5) In case of temporary or conditional extradition, the court shall make mention in the enac-
ting terms of the sentence, of the conditions provided in those Articles.
(6)Where the request for extradition is allowed, if any objects are to be handed over according
to Art. 21, this shall be mentioned in the sentence, perhaps attaching an inventory of the objects.
(7) Should the court find that the conditions for extradition are not met, it shall reject the re-
quest and ordain the release of the extraditable person. The decision shall be reasoned within 24
hours and sent to the general prosecutor attached to the court of appeal, which shall send it at
once to the specialised compartment in the Ministry of Justice.
(8) Decisions upon extradition may be appealed against on points of law by the competent
general prosecutor and by the extraditable person, within 5 days from its handing down, with the
Criminal Section of the High Court of Cassation and Justice. An appeal on points of law lodged
against a decision that rejected a request for extradition shall stay the execution thereof. An ap-
peal on points of law lodged against a decision that ordained extradition shall stay the execution,