Page 1486 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1474
Uluslararası Adli İşbirliği
except for the provisions regarding the provisional arrest in view of surrender.
(9) An appeal lodged against a decision rejecting a request for extradition shall stay the exe-
cution. An appeal against a decision ordaining extradition shall stay the execution, subject to the
provisions on provisional arrest in view of extradition.
ARTICLE 55
Judgement of the appeal on points of law and notification of the decision
(1) After the sentence of the court of appeal is reasoned, the file of the case shall be at once
forwarded to the Criminal Section of the High Court of Cassation and Justice.
(2) Upon receiving the file, the president of the Criminal Section of the High Court of Cassa-
tion and Justice shall appoint a term for judgement regardless of the existence of other pending
cases, with priority.
(3) The appeal on points of law shall be judged within 10 days, by a panel of 3 judges.
(4) To solve the appeal on points of law, the panel president may designate one of the judges
or an assistant magistrate to make a written report.
(5) The file of the case shall be returned to the court of appeal within three days from resoluti-
on of the appeal on points of law.
(6) The final decision upon extradition shall be notified to the general prosecutor attached to
the court of appeal that judged the case in first instance, and to the specialised directorate within
the Ministry of Justice.
ARTICLE 56
Analogy
Art.54 para.(8) and Art.55 shall apply accordingly also where the court decides upon postpo-
nement of extradition, upon conditional admission of extradition, upon consent for extension of
the object of extradition and upon re-extradition to a third State.
ARTICLE 57
Escape of the extradited
An extradited who, after having been surrendered to the Requesting State, escaped before