Basic HTML Version
626
Uluslararası Adli İşbirliği
together with the documents pertaining to it, to the public prosecutor.
(3) The public prosecutor shall inform the person claimed of the withdrawal of such applica-
tion.
Section 44
(1) After the day on which he has made the declaration referred to in section 41, the alien may
be kept in custody on remand or in police detention for not more than twenty days.
(2) The preceding subsection shall not apply if the public prosecutor has decided that no
effect will be given to the declaration, and the request for extradition, together with the docu-
ments pertaining to it, has been submitted to the district court in accordance with section 23,
subsection 1.
(3) The period referred to in subsection 1 of this section may, upon the application of the
public prosecutor, be extended by the court. Section 38, subsections 1 and 2, shall apply mutatis
mutandis.
(4) Extensionmay take place only if extradition cannot be effected within the period of twenty
days owing to circumstances of an exceptional nature.
Section 45
(1) If section 42, subsection 1 applies, the public prosecutor shall, after consulting the compe-
tent foreign authorities, without delay fix the time and place at which extradition will take place.
(2) With a view to extradition in pursuance of the provisions of this Part, the public prosecu-
tor may if necessary order that the alien be arrested. Section 40, subsections 2 and 3, shall apply
mutatis mutandis.
(3) In the event of extradition by virtue of the provisions of this Part, section 12 shall not apply.
CHAPTER IV
Other forms of mutual assistance
Section 46
(1) Objects found in the possession of a person whose extradition or provisional arrest has
been requested in pursuance of a treaty may be seized at the request of the competent foreign
authorities. Such seizure shall be made by or by order of the public prosecutor or assistant public
prosecutor empowered to issue a warrant for arrest or for provisional arrest.