Article 593. Postponement of transfer and extradition of a person (extradition) temporarily to a foreign state CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 593. Postponement of transfer and extradition of a person (extradition) temporarily to a foreign state CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. After making a decision on the extradition of a person (extradition) The Prosecutor General of the Republic of Kazakhstan or his deputy may postpone the actual transfer of a person to a foreign State if:

1) a person in respect of whom a decision on extradition has been taken is being held criminally liable or is serving a sentence for a criminal offense committed on the territory of the Republic of Kazakhstan – until the end of the pre-trial investigation or court proceedings, serving a sentence or being released from punishment on any legitimate grounds.;

2) the person in respect of whom the decision on extradition has been taken suffers from a serious illness and cannot be extradited for health reasons without harm to his health until his recovery.

2. If there are no grounds for further postponement of the actual transfer of a person provided for in part one of this article, extradition arrest shall be applied to the extradited (extradited) person in accordance with the procedure established by this Code.

3. If circumstances have occurred during the period of postponement that may prevent the extradition of a person (extradition), the Prosecutor General of the Republic of Kazakhstan or his deputy has the right to review his decision on extradition (extradition).

4. In the event that the postponement of the actual transfer may lead to the expiration of the statute of limitations for criminal prosecution or damage the investigation of a crime in a foreign country, the person whose extradition (extradition) is requested may be temporarily extradited.

5. A person who has been temporarily extradited must be returned after carrying out the procedural actions in the criminal case for which he was extradited, but no later than ninety days after the date of the transfer of the person. By mutual agreement, this period may be extended, but not more than the period of unserved punishment for a crime committed in the territory of the Republic of Kazakhstan.

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Republic of Kazakhstan

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