ANNEX 1 Illustration of steps to be taken concerning extradition requests for prosecution purposes – main steps of the Petruhhin mechanism Before taking a decision, the State of nationality can apply any cooperation and mutual assistance mechanisms to obtain evidence (e.g. the EIO/MLA). Extradition request for the purpose of prosecution from a third State
regarding a citizen of another State.
Nationality exception: the requested State prohibits the
extradition of its own national
YES
The requested State must give priority to the EAW/EU- IC/NO arrest warrant over
the
extradition request.
The requested State may carry
out the extradition subject to
compliance with the Charter
or the ECHR, as applicable.
NO
1. Inform the focal point of the State of nationality of the
extradition request and provide information on all the
related matters of fact and law communicated by the third
Staterequesting extradition for that extradition request.
2. Give the State of nationality the possibility to issue an
EAW/EU-IC/NO arrest warrant related to the same
offence(s)/act(s).
3. Set a reasonable time limit for the State of nationality to
inform the requested State about its decision on issuing
an EAW/EU-IC/NO arrest warrant, including a
possibility to request an extension of the time limit.
The Petruhhin procedure
does not apply.
Obligation to start a consultation procedure with the State(s) of nationality
of the requested person.
Exercise of free movement rights: the requested person is a citizen of another
State who exercised his/her right to move
freely within the EEA.
The State of nationality issues an
EAW/EU-IC/NO arrest warrant related to