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section 24 declare that he agrees to immediate extradition.
(2) In so far as not otherwise provided for by treaty, a declaration in accordance with the pre-
ceding subsection may be made only before an examining magistrate responsible for dealing
with criminal matters.
(3) In making such a declaration, the alien may be assisted by counsel. Should he appear wit-
hout counsel his attention shall be drawn to this right by the authority empowered to receive the
declaration.
(4) Before he makes the declaration, the alien shall be informed of the possible consequences
thereof. An official record shall be made of the declaration.
(5) The authority before whom the declaration is made shall send the official record thereof
to the public prosecutor who has been concerned under this Act with the request for provisional
arrest or the request for extradition.
Section 42
(1) After a declaration has been made in accordance with section 41, the public prosecutor
may decide that the alien should be surrendered to the authorities of the state making the requ-
est for provisional arrest or the request for extradition.
(2)The preceding subsection shall not apply:
(a) if, under any of the provisions of sections 2 and 9, extradition cannot be granted for
the offence or offences in connection with which the provisional arrest or extradition has been
requested,
(b) if it appears that criminal proceedings are pending in the Netherlands against the
alien or if he has been sentenced by a Dutch court and all or part of such sentence can still be
enforced.
(3) The public prosecutor shall informOur Minister forthwith of every decision taken pursuant
to subsection 1 of this section.
Section 43
(1) If the public prosecutor has decided in accordance with section 42 that the alien shall be
surrendered to the authorities of the other state, section 23 shall not apply.
(2) If the application referred to in section 23 has already been lodged with the court, this shall
then be withdrawn forthwith. The court registrar shall then return the request for extradition,