of which the decision was issued, unless the conditions are met for executing a warrant
issued on the basis of a trial in absentia.27
These conditions for a surrender in such cases are the following:28
-
the person was personally summoned in good time or officially notified of the
expected date and venue of the trial on the basis of which the decision was issued,
and under a further condition that the person was warned of the fact that a court
would issue a decision even in the person’s absence, or
-
the person was notified of the date and venue of the trial at which their lawyer,
whether of the person's own choosing or provided by the court, was present and
defended the person, or
-
if, after the person was served with a decision and expressly notified of the right
to a retrial or appeal in which such person has the right to participate, and which
enables the matter to be reconsidered, with new evidence which could lead to a
different decision from the original one, such person expressly stated that they
would not contest the decision, or did not request a retrial, or file an appeal within
the relevant time-limit.
-
an EAW can also be enforced if it states that the person was not served in person
with the decision under the procedural requirements determined by the national
law of the issuing State, but that the person would be served in person with such
a decision immediately after surrender, and that at such time the person would
be expressly notified of the right to a retrial or appeal in which the person has the
right to participate, and which enables the matter to be reconsidered along with
new evidence which could lead to a different decision from the original one, and
would also be notified of the time limit within which the person must request a
retrial or file an appeal, as provided by such EAW. In such case, the person may
request a copy of the judgment after they are notified of the contents of the
warrant and prior to the surrender.
27
Article 10(10) of the Cooperation in Criminal Matters with the Member States of the European
Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23
May 2013.
28
Article 13 of the Cooperation in Criminal Matters with the Member States of the European
Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23
May 2013.
11