Book IV: Some special procedures

When the requested person is arrested, seizure shall be carried out, at the request of the judicial authority of the issuing Member State or on the initiative of the executing judicial authority, in the manner provided for in Article 56, by the first two paragraphs of Article 56-1, by articles 56-2, 56-3, 56-5 and 57 and by the first paragraph of article 59, objects: 1° Which may be used as…

Where several Member States have issued a European arrest warrant for the same person, whether for the same act or for different acts, the choice of the European arrest warrant to be executed shall be made by the investigating chamber, where appropriate, after consulting Eurojust, taking into account all the circumstances and in particular the degree of seriousness and the place where the offences were committed, the respective dates of…

Where, in specific cases and in particular if, following an appeal in cassation, the final decision on the execution of the European arrest warrant cannot be given by the competent judicial authorities within sixty days of the arrest of the requested person, the Public Prosecutor with territorial jurisdiction shall immediately inform the judicial authority of the issuing Member State, giving the reasons for the delay. This period shall then be…

Where the European arrest warrant has been issued for the purposes of criminal proceedings, the Investigating Chamber shall accede to any request for a hearing of the requested person made by the judicial authority of the issuing Member State. The requested person may only be heard or questioned, unless he or she expressly waives this, in the presence of his or her lawyer or the latter duly summoned. The wanted…

The investigating chamber may also, where this is possible and the person sought consents, agree to the temporary transfer of the latter in accordance with the forms provided for in the articles 695-28 and 695-29, the first to third paragraphs of article 695-30, and the last paragraph of l’article 695-31, it being for the judicial authority of the issuing Member State to send the person back to attend hearings concerning…

The investigating chamber before which the requested person has appeared shall hear any request from the competent authorities of the issuing Member State to consent to prosecution or to the enforcement of a sentence or detention order imposed for offences other than those for which the person was surrendered and committed prior to the surrender. The Investigating Chamber shall also have jurisdiction to rule, after the surrender of the requested…