624
Uluslararası Adli İşbirliği
(b) Our Minister has deferred a decision in accordance with section 33, subsection 3;
(c) extradition has also been requested by a third state and Our Minister has not yet
made a decision relating to the request of that state;
(d) extradition has meanwhile been granted but has not yet been able to take place.
Section 39
(1) After all or part of the request for extradition has been granted, the person claimed shall be
surrendered to the authorities of the requesting state as quickly as possible, at a time and place to
be decided by Our Minister after consulting the said authorities.
(2) The decision regarding the time and place of extradition may be deferred if and for as long
as criminal proceedings are pending in the Netherlands against the person claimed or if he has
been sentenced by a Dutch court and such sentence can still be executed in whole or in part.
(3) In the cases provided for in the preceding subsection, Our Minister may, if he considers
that there are suitable grounds, order that the person claimed be provisionally and immediately
surrendered to the authorities of the requesting state for the purpose of trying him in that state’s
territory.
(4) If the preceding subsection is applied to a claimed person who is serving a custodial sen-
tence, the time during which he is surrendered to the authorities of the requesting state shall be
deducted from the term of his sentence.
Section 40
(1) If this is necessary for the purposes of section 39, subsections 1 or 3, the person claimed
shall be arrested under a warrant issued by a public prosecutor on the instruction of Our Minister.
(2) If the person claimed is not taken over by the competent foreign authorities at the time
and place fixed by Our Minister, such person may, after the time and place of his extradition have
again been fixed, be re arrested if necessary, in accordance with the preceding subsection.
(3) Deprivation of liberty based solely on a warrant for arrest under subsections 1 or 2 of this
section shall not under any circumstances last longer than forty eight hours.
PART E Expedited procedure
Section 41
(1) An alien whose provisional arrest or extradition has been requested by another state may
not later than the day prior to that set for the hearing by the district court in accordance with