Competing request

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 709. Extradition upon Request of Several Countries
(1) If the Office of the Prosecutor General has received several extradition requests in relation to one and the same person, an examination of such requests shall be merged in one proceedings, if a decision on following has not been taken:

1) extradition of the person;
2) a refusal to extradite the person;
3) the admissibility of the extradition of the person.

(2) If a decision to extradite a person has been taken, a request received later shall not be satisfied. The country that submitted the request shall be notified thereof.

(3) If a decision on admissibility of extradition has entered into effect at the moment of the receipt of a request of another foreign country, such decision shall not be advanced for taking of a decision to extradite a person to a foreign country until completion of examination of a request received later.

(4) If several foreign countries have requested extradition, the Prosecutor General shall, taking into account the nature of the offence, the place of the committing thereof, and the order of receipt of the requests, determine the country to which the person shall be extradited.

Section 901. Examination, Deciding, and Fulfilment of a Request for the Transfer of a Person

(2) A request of an international court regarding the transfer of a person has priority in comparison with an extradition request submitted by another country. If an international court has not itself specified with a decision that a specific case is only under the jurisdiction of the international court, the order of competing requests shall be determined by the competent authority, in conformity with the provisions of Section 709 of this Law.

Rome Statute

Article 90 Competing requests

1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.

2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:

(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or

(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.

3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.

5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.

6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:

(a) The respective dates of the requests;

(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and

(c) The possibility of subsequent surrender between the Court and the requesting State.

7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:

(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;

(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.

Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.