the person whose extradition is requested is convicted, the competent authority is the Ministry of
Justice.
A foreign national or stateless person who is being prosecuted or who has been convicted in a
foreign State for committing an act punishable in that State may be extradited to that foreign State,
or to the State which took over the execution of the sentence, at the request of the competent
authorities, following or executing the sentence pronounced for the committed deed or pronouncing
a new sentence. Extradition for the purpose of criminal prosecution is granted only if the act is
punishable under the law of the Republic of Moldova and the maximum sentence is at least one
year in prison or if, after a similar reversal, the act would be, according to the law of the Republic of
Moldova, punishable by such a punishment.
Extradition for the purpose of execution of the sentence shall be granted only if extradition is
permitted under the conditions of the preceding paragraph and if a custodial sentence is to be
served. Extradition shall be granted if the term of detention to be served or the cumulating of the
terms of detention to be served is at least 6 months, unless the international treaty provides
otherwise.
If the extradition of a person is requested in competition by several states, either for the same deed
or for different facts, the Republic of Moldova will decide the extradition taking into account all
circumstances, including the gravity and place of the crimes, the respective data in the applications,
the citizenship of the requested person and the possibility of a subsequent extradition to another
state.
After receiving the extradition request, the General Prosecutor's Office or, as the case may be, the
Ministry of Justice undertakes measures, under the conditions of the Code of Criminal Procedure,
for the preventive arrest of the person whose extradition is requested. The term of detention of the
person may not exceed 180 days from the moment of detention until the surrender of the requesting
party. The pre-trial detention of the extraditable person may be replaced by another preventive
measure at the request of the prosecutor or by the court ex officio, in accordance with the
procedural legislation in force, in the following cases:
the person's state of health does not allow him to be in detention, a fact confirmed by a
medical certificate;
the person and his family have a permanent residence in the Republic of Moldova and there
are no grounds to consider that he will avoid the extradition procedure.
In case of urgency, the person whose extradition is requested may be arrested before receiving the
extradition request, based on an arrest warrant for a period of 18 days, which may be extended up to
40 days, following a request from the Prosecutor's Office. General or at the request of the foreign
state or of the international court, if the request contains data about the arrest warrant or about the
final decision adopted regarding this person and the assurance that the extradition request will be
sent later. The requesting authority will be informed as soon as possible of the course given to its
request.
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