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The Law For The Implementation Of The Decision On Custody Or Care In The Field Of Extradition, Iceland, Norway, Sweden Or Denmark

Original Language Title: Laki huoltoa tai hoitoa koskevan päätöksen täytäntöönpanoa varten tapahtuvasta luovuttamisesta Islantiin, Norjaan, Ruotsiin tai Tanskaan

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Law on extradition to Iceland, Norway, Sweden or Denmark for the implementation of the decision on maintenance or treatment

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In accordance with the decision of the Parliament, which has been adopted in accordance with Article 67 of the Statutes,:

ARTICLE 1

According to this law, a person who, in accordance with a decision adopted by the Icelandic, Norwegian, Swedish or Danish authorities, may be in service or care, may be extradited from Finland to that State for the purpose of implementing the decision.

There is a separate provision for extradition between Finland and the other Nordic countries.

ARTICLE 2

Extradition can only be granted under conditions,

That the request is based on a decision adopted in respect of the care of children and young people of the State concerned, the care of the mentally ill, the care of addicts, the maintenance of intoxication, or persons who have failed to comply with their maintenance obligations; Under the relevant legislation,

That the decision to be surrendered has been ordered to be taken to the institution or to be held in the establishment, in particular at the place addressed to him, and

That the decision is enforceable in the State where it is issued.

ARTICLE 3

The extradition of a Finnish citizen shall also be subject to:

That he is domiciled in the State where the decision has been taken,

That the decision concerns maintenance or treatment and that the maintenance or treatment is most appropriate in that State.

§ 4

The request for extradition shall be sent to the provincial government in whose territory the request for extradition is requested. If the place of stay is not known, a request shall be sent to the provincial government of Uusimaa.

The Board of Directors shall forward the request to the Head of the Police District where the person referred to in paragraph 1 is staying.

§ 5

A police district manager may agree to a request for extradition if the conditions for extradition are in place and there is no obstacle to extradition.

If the Head of the Police District refuses to surrender, he shall urgently refer the matter to the Court of Justice. (10.3.1989/256)

ARTICLE 6

The head of the police district shall be questioned as requested, unless his interrogation is irrelevant to the purpose of the investigation.

The extradition decision shall not be given without reservation to the requested opportunity to be heard.

§ 7

The requested person shall have the right to use the assistant. If he or she is not able to obtain an assistant, the authority to which the case is being examined shall acquire an assistant if he or she is required to do so or enforce her rights in the matter. A reasonable fee shall be paid to the aid agent and shall be reimbursed for the necessary costs.

§ 8

If it is necessary to be careful that the request for extradition is to be avoided, the authority which is on the table is to refuse him without permission to leave the place where he is staying or to prescribe that he must be kept: The State, municipality, association or other consortium or, with the agreement of the institution concerned, a private enterprise in a maintenance or care establishment. Unless the appropriate institution is located in the vicinity, he or she shall be temporarily detained.

The precautionary measure referred to in paragraph 1 shall remain in force until a decision has been taken on extradition. The extradition decision may also provide for a corresponding safeguard measure until such time as the implementation takes place.

The decision on a security measure must be withdrawn without delay when the measure is no longer warranted.

§ 9

If a person is wanted for a decision under which he or she may be extradited under this law, the head of the police district where the wanted person is resident may decide to take a precautionary measure within the meaning of Article 8, Although the request for his extradition would not have come. Such a decision can only be taken if it is likely that the extradition request will be granted, and it is necessary to be careful that the wanted person is trying to avoid extradition. The security measure shall be notified without delay to the requested authority.

The decision on a security measure shall be withdrawn without delay, unless the extradition request has been made within five days of the date on which the measure in question was taken, or where there is no longer any reason for it. Where a request for extradition has come, a new decision shall be taken, where appropriate, in accordance with Article 8.

ARTICLE 10

In the case of extradition, a decision must be taken without delay.

If, pursuant to Article 8, a request for extradition has been ordered to be held in an institution or to be taken into custody, the decision shall be given, unless there is a specific obstacle, within five working days of the documents being brought to the Court of Justice. Or if the establishment or detention has taken place thereafter, within the same period of time. (10.3.1989/256)

Where a surrender decision or a decision on a safeguard measure provided for in Article 8 or 9 has been adopted, the decision on the notification of administrative matters shall be notified as a matter of urgency to the person concerned by the decision.

ARTICLE 11

Any decision rendered under this Act shall be subject to appeal by law in administrative matters (154/50) In the proper order. However, in the case of the head of the police district, the appeal is lodged with the Court of Justice and the time of appeal is 14 days from the date of the decision. (10.3.1989/256)

The person in the storage room shall be allowed to give its book of appeal to the official in the office of the holding where the holding is in direct control. That official shall forward the book of appeal to the Appellate Body. The appeal shall be deemed to have been lodged when the appeal book has been issued to the official in question.

In the event of an appeal against the decision of the Supreme Administrative Court, the appeal may also be lodged with the Court of Justice. In this case, the right to vote shall be forwarded without delay to the Supreme Administrative Court. (10.3.1989/256)

ARTICLE 12

The safeguard measure provided for in Article 8 or Article 9 may be implemented in spite of the appeal.

The extradition decision may be implemented before it has obtained the force of the law if, for a particular reason, the head of the police district or the county court is so determined. (10.3.1989/256)

ARTICLE 13 (21.12.2007)

If the request for extradition is granted, a condition must be established that the extradition must not be subject to criminal proceedings and that he is not to be extradited further to the offence. At the request of the Nordic country, a derogation may be granted, if applicable, in accordance with the provisions of the Law on extradition between Finland and the other Nordic countries, where applicable. (1383/2007) Provides. If the request for extradition still applies to a State other than the Nordic countries, the applicable law shall apply, mutatis mutandis, on the extradition between Finland and the other Member States of the European Union (186/2003) And the law on extradition (186/1970) Provides.

ARTICLE 14

A person to be extradiated from the State referred to in Article 1 to another State mentioned in the same Article shall be obtained without a special authorisation to transit through the territory of Finland.

§ 15

The costs incurred in the matter of disposal shall be borne by the State.

ARTICLE 16

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

§ 17

This Act shall enter into force on 1 January 1971.

The Regulation provides for the application of this law to each of the States referred to in Article 1.

Extradition may be granted despite the fact that the decision on which extradition is requested has been issued before the entry into force of this law.

Entry into force and application of amending acts:

10.3.1989/25:

This Act shall enter into force on 1 November 1989.

HE 65/88, second-rate. 12/88, svk.M. 157/88

21.12.2007/1386:

This Act shall enter into force on 1 January 2008.

THEY 51/2007 , LaVM, EV 101/2007