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620
Uluslararası Adli İşbirliği
Section 26
(1) The court shall examine the identity of the person claimed, the admissibility of the request
for extradition and the possibility of granting it.
(2) At the sitting of the court the public prosecutor shall give his views on the admissibility of
the request for extradition and shall lodge a written summary thereof with the court. The person
claimed and his counsel shall also be given an opportunity to make relevant observations regar-
ding the request for extradition and the decisions to be taken in connection therewith.
(3) Should the person claimed submit that he can prove forthwith that he is not guilty of the
offences in respect of which his extradition has been requested, the court shall examine this sub-
mission.
(4) If the court deems this necessary with a view to its examination pursuant to subsection 1
or subsection 3 of this section, it shall order that witnesses or experts be summoned or given writ-
ten notice to attend at a time set by the court, if necessary adding an order that they be brought
before the court.
Section 27
(1) Upon application by the public prosecutor the court may at the hearing order that the
person claimed be remanded in custody.
(2) Before the examination at the hearing is closed, the court shall decide ex officio whether
the person claimed is to continue to be held in custody, if he has already been either remanded in
custody by order of the examining magistrate or detained in police custody.
Section 28
(1) As soon as possible after the examination at the hearing is competed, the district court
shall deliver its judgment with regard to the request for extradition. The judgment shall state the
grounds on which it is based.
(2) If the court finds either that the documents supplied by the requesting state do not satisfy
the requirements described in section 18 or further requirements made in the applicable treaty,
or that the request for extradition cannot be granted, or that there can be no presumption that
the person claimed is guilty of the offences for which his extradition has been requested, it shall
declare in its judgment that extradition is inadmissible.
(3) In cases other than those provided for in the preceding subsection, the court shall declare
in its judgment that the extradition is admissible, stating the applicable provisions of the relevant
statute and treaty, and also the offence or offences for which extradition may be allowed.