Fiches Belges

EAW

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

The investigating judge of the court within the jurisdiction of which the requested person has a permanent or temporary residence, or within the jurisdiction of which the requested person is located, has jurisdiction to conduct proceedings for the surrender of such person to another Member State.

Slovenian/English Art. 16 of the Law on Cooperation in Criminal Matters with EU Member States (for incoming EAWs): If the warrant is not drawn up in the Slovenian language or is not accompanied by a translation into Slovenian or English, the investigating judge shall inform the issuing judicial authority thereof and set it a reasonable deadline, which may not exceed ten days, to submit a translation into Slovenian or English. Slovenia accepts transmission of EAW translations via SIS.

If the requested person consents to being surrendered, the final decision on the surrender must be rendered within 10 days from when the consent is given. If the requested person does not consent to being surrendered, the final decision on the surrender must be rendered within 60 days of the arrest or the first examination of the requested person.

10 days. Surrendering a person on the basis of a warrant is admissible if the warrant is issued for a criminal offence punishable in the ordering State by deprivation of liberty for a maximum period of at least one year, or for the purpose of enforcing a custodial sentence, safety measure or other measure imposed by a criminal court involving deprivation of liberty for at least four months, and if the act for which surrender is requested is also considered a criminal offence under the national penal code (double criminality). Double criminality shall not be verified if a warrant is issued for a criminal offence punishable under the law of the ordering Member State by deprivation of liberty for a maximum period of at least three years, and if such a criminal offence is classified under the law of such State as one of 32 listed offences in the EAW. Art. 9, Para 4 in connection to Para 1 of the Law on Cooperation in Criminal Matters with EU Member States: (1) Surrender of a person on the basis of EAW is permissible if the warrant is issued for a criminal offence for which the issuing State has prescribed a maximum penalty of deprivation of liberty of at least one year or for the execution of a prison sentence or a security or other measure of a criminal court that is enforced by deprivation of liberty for at least four months and if the act for which surrender is requested is also punishable under domestic criminal law (dual criminality). (4) If the surrender of a person is permitted for a criminal offence referred to in the first paragraph of this Article, the surrender may also be permitted for acts which, under the law of both the issuing State and the law of the executing State, are punishable by a custodial sentence or a security measure or other measure of a criminal court, but do not meet the condition regarding the prescribed penalty referred to in the first paragraph of this Article (accessory surrender).