If the Prosecutor General or, as the case may be, the Minister of Justice considers that the person
requested by the foreign state or the international court cannot be extradited, he refuses extradition
by reasonable decision, and if he considers that the person may be extradited, he shall apply to the
court in the territorial area of which the Ministry of Justice is located, to which the application and
the documents of the requesting state are attached.
The extradition request is solved by the investigating judge from the court located in the territorial
area of the Ministry of Justice, with the participation of the prosecutor, the representative of the
Ministry of Justice (in case of extradition of convicted persons), the person whose extradition is
requested and its defender. The court decision on extradition can be appealed by the prosecutor, as
well as by the extradited person or his lawyer.
At the request of the competent authority of the foreign State to extradite the person or to
temporarily arrest him for the purpose of extradition, the extradition of the foreign national or
stateless person in respect of whom an arrest warrant has been issued for extradition may be
granted, without following the formal extradition procedure, if the person consents to such a
simplified extradition and his or her consent is confirmed by the court. The investigating judge of
the competent court will examine, in a court hearing with the participation of the prosecutor, the
person whose extradition is requested and his lawyer, the identification data of the extraditable
person, will inform him about his right to a simplified procedure of extradition and its legal effects,
then record the statement made, which will be signed by all participants in the hearing.
4.12. Postponement of extradition and temporary extradition
Execution of extradition may be postponed if the person whose extradition is requested, while in the
Republic of Moldova, is charged in a criminal prosecution trial or trial, or if he has been convicted
of an offense other than the one in connection with which extradition is requested. The execution of
extradition may be postponed until the end of the criminal trial or until the full execution of the
sentence established by the national court or until the final release before the expiration of the term
of the sentence.
The person may be temporarily extradited if the postponement of the extradition could lead to the
expiry of the limitation period of the criminal case or could lead to serious damages for the
establishment of the facts. The conditions for temporary extradition shall be determined by mutual
agreement with the requesting Party.
4.13. Surrender of the extradited person
After the entry into force of the extradition judgment, the Prosecutor General or, as the case may be,
the Minister of Justice shall inform the requesting State or the international court of the place and
date of extradition, as well as of the length of detention.
If the requesting party does not receive the extradited person on the date set for surrender and if the
extradition has not been requested, the person may be released at the end of the 15-day period from
that date and, in any case, will be released at the expiration of the term of 30 days, calculated from
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