Consent to surrender

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 713. Simplified Extradition
(1) A person may be extradited to a foreign country in accordance with simplified procedures, if:

1) the written consent of the person to be extradited has been received for the extradition thereof in accordance with simplified procedures;
2) the person to be extradited is not a Latvian citizen;
3) [29 June 2008].

(1^1) A person being extradited has the right to waive his or her rights to be held criminally liable and tried only for the criminal offences regarding which he or she is being extradited.

(2) A person being extradited shall certify his or her consent for extradition in accordance with simplified
procedures and waiving of his or her rights to be held criminally liable and tried only for the criminal offences regarding which he or she is being extradited, to a prosecutor in the presence of an advocate before a decision is taken on admissibility of extradition.

(3) After receipt of consent, a prosecutor shall ascertain only that which is referred to in Paragraph one of this Section, and immediately submit to the Prosecutor General the materials related to extradition.

(3^1) A person being extradited may withdraw his or her consent for extradition in accordance with simplified procedures in accordance with Paragraph four of this Section and waiving of his or her rights to be held criminally liable and tried only for the criminal offences regarding which he or she is being extradited, - until transfer of the person being extradited.

(4) The Prosecutor General shall take one of the following decisions:

1) on extradition of a person;
2) on refusal to extradite a person;
3) on non-application of simplified extradition.
(5) A decision taken by the Prosecutor General shall not be subject to appeal.
(6) A foreign country and a person to be extradited shall be informed regarding the extradition of the person or a refusal to extradite such person, and the relevant decision shall be transferred to the State Police for execution.

Rome Statute

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.

3.

(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.