Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Кипър

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Кипър

Is this measure possible in your Member State under International Judicial Cooperation?

Yes

2. LEGAL FRAMEWORK

Кипър

International legal framework applicable for this measure in your Member State

International legal framework applicable for this measure in your Member State Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member State (2002/584/JHA) and Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA implemented by Law 133(I)/2004

3. COMPETENT AUTHORITY TO:

Кипър

* receive the request/decision for judicial cooperation

The competent Judicial Authority to receive the E.A.W. for the arrest and detention of the sought person and the decision for the execution of the E.A.W. concerning the surrender or not of the sought person is (a) the competent District Judge in the territory in which the wanted person is located or is believed to be located (b) the District Judge of Nicosia in cases where the location of the wanted person is unknown. [Article 11(1)(a)(b) of Law 133(I)/2004]

* execute/recognise the measure (if other than the receiving authority)

When the requested person consent to surrender to the issuing state, the judicial authority competent for issuing the decision on execution of the E.A.W. is the District Judge in whose territory the wanted person is located or arrested. [Article 11(2) of Law 133(I)/2004] When the requested person does not consent to surrender in the issuing state, the judicial authority competent for issuing the decision on execution of the E.A.W. is the District Judge in whose territory the wanted person is located or arrested. [Article 11(3) of Law 133(I)/2004]

4. ACCEPTED LANGUAGES

Кипър

Accepted languages for the request/decision

Greek, Turkish, English [Article 4(3) of Law 133(I)/2004]

5. EXECUTION DEADLINE

Кипър

Deadlines for the execution of the request/decision (where applicable)

In cases when the requested person consents to his/her surrender, the final decision on the execution of the E.A.W. shall be taken by the competent District Judge within a period of ten (10) days after the consent has been given. (Article 23(1) of Law 133(I)/2004). In cases when the requested person does not consent to his/her surrender, the final decision on the execution of the EAW shall be taken within a period of 60 days after the arrest of the requested person. (Article 23(2) of Law 133(I)/2004) Where in specific cases the EAW cannot be executed within the time limits laid down above, the competent Court, to whom before the case is pending, shall immediately inform through the Central Authority, the issuing judicial authority, giving the reasons for the delay. In such case, the time limits may be extended by a further 30 days. (Article 23(3) of Law 133(I)/2004). Where in exceptional circumstances, the executing judicial authority which decides for the execution of the E.A.W., including the Supreme Court in cases where an appeal is investigated, cannot observe the time limits above, it shall inform Eurojust, giving the reasons for the delay (Article 23(4) of Law 133(I)/2004).

6. CONCISE LEGAL PRACTICAL INFORMATION

Кипър

a. Special requirements

N/A

b. Other useful information

In practice most wanted persons are arrested after a E.A.W. is provided through Interpol channels. However a E.A.W. can also be furnished through the Ministry of Justice and Public Order of the Republic of Cyprus. The Ministry is the Central Authority and can assist the issuing and executing judicial authority in the exchange of correspondence.

Last reviewed on 13 февруари 2017 by Секретариат на ЕСМ

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