Competing request - same conduct - State party - case admissible

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

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

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.