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Uluslararası Adli İşbirliği
for preventive arrest shall establish, through a reasoned conclusion, whether the conditions set
forth in this Law are met for requesting extradition.
(2) The Centre for International Police Co-operation is obliged to inform, through its specia-
lised structure, the executing court or the court that issued the warrant for preventive arrest, as
soon as the corresponding Central National Interpol Office notifies the fact that the person who
is the object of the warrant has been located. The information shall be sent directly, and a copy
thereof shall be sent to the Ministry of Justice.
(3) The case shall be tried in camera by a panel of one judge, in emergency and priority pro-
cedure, with the participation of the public prosecutor and without summoning the parties. The
judge shall issue a reasoned order in camera.
(3-1) To keep records of court activity, a separate register shall be kept for court hea-
rings that deal with extradition notifications. In this register, the case record numbers will be ente-
red for each hearing, separately by judgement panels, and also the order issued and the number
of the order, and the initials of the judge who edits the order. Also, a register shall be created
and kept for extradition notifications, and this register shall include the following mentions: the
current number; the name and forename of the defendant or sentenced person; the number and
date of the preventive arrest warrant or of the penalty enforcement warrant; the number and date
of the notice from the Centre for International Police Cooperation within the Ministry of the In-
terior and of Administrative Reform or from the Ministry of Justice; the number of the court case;
the number and date of the order; the date of service of the order upon the Ministry of Justice.
The court of appeal on points of law will keep a separate register for such cases. The register for
notifications on extradition is not meant to be made public.”
(4) The conclusion in para. (3) may be appealed against on points of law by the prosecutor,
within 24 hours from its handing down. The case file shall be forwarded to the appellate court
within 24 hours. The appeal shall be tried within 3 days by the higher-ranking court. The appellate
court shall return the case file to the first court within 24 hours from the resolution of the appeal.
(5) The final conclusion finding that the legal conditions are met for requesting extradition,
together with the documents in Article 38 para.(2), shall be sent at once to the Ministry of Justice.
The final conclusion finding that the conditions are not met for requesting extradition shall be
sent to the Ministry of Justice within 3 days from its pronouncement.
(6) Within 3 days from the date of receipt of the final order that found the conditions to be
met for requesting extradition, the Ministry of Justice, through its specialised directorate, shall
perform an international regularity check. Art. 40 shall apply mutatis mutandis
(7) Depending on the conclusions of the international regularity check, the specialised direc-
torate of the Ministry of Justice shall either draw up the extradition request and send it and the