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the preceding paragraph, with the proviso that the extradition request may only be granted if the
new classification of the criminal act makes it an extraditable offense.
3. The extraditurus may not be re-extradited to another State without Peru’s prior consent. The
procedure described in paragraph 1 shall be followed. However, the Peruvian Government’s
consent shall not be required if the extradited person waives that immunity in the presence of
the Peruvian diplomatic or consular authority and on the advice of defense counsel; or, when the
person being extradited has the opportunity to voluntarily leave the territory of the requesting
State but does not do so within thirty days, or when he voluntarily returns to that territory after
having left it.
4. If after being handed over to the requesting State or during the respective process, the person
extradited escapes in order to return to Peru, he shall be detained through a direct request and
again surrendered without any additional formalities.
5. The property –objects or documents- that are the effect or instrument of the crime and those
that constitute the corpus delicti or evidence, shall be handed over to the requesting State once
it has taken custody of the extradited person, even when said person disappears or dies, except
when the rights of third parties are affected. This provision must appear in the Supreme
Resolution that authorizes extradition.
ARTICLE 521 - Extradition procedure.1. Once the Attorney General’s Office has received the extradition request, the judge presiding
over the preparatory investigation shall issue the order for arrest for purposes of the extradition
of the person whose extradition has been requested, if that person is not already in custody by
virtue of a request seeking provisional arrest.
2. Once the person whose extradition has been requested is in custody and INTERPOL’s local
office has surrendered said person over to the courts, the judge presiding over the preparatory
investigation shall summon the provincial prosecutor to be present when the person’s statement
is taken. He shall inform the person whose extradition has been requested of the reasons for his
arrest and the details of the extradition request. The Judge shall also advise said person of his
right to name his own defense counsel and, if unable to do so, to have a court-appointed
attorney designated to represent him If he so desires; the person in custody may make whatever
comment he wishes to make regarding the content of the extradition request, and may question
the identity of the person whose extradition the foreign courts are seeking, or withhold his
statement until the extradition oversight hearing. If the person in custody does not speak
Spanish, an interpreter shall be appointed.
3. Immediately thereafter, within a period of no more than 15 days, the judge presiding over the
preparatory investigation shall schedule a public hearing, issuing a summons for the person
whose extradition is being requested, his defense counsel, the provincial prosecutor, the
representative designated by the Embassy and the attorney that it appoints for the purpose. The
participants may introduce evidence, challenge or support the evidence in the extradition case
file, make the case for the procedural or material relevance or irrelevance of the case for
extradition, or any arguments in support of their claims. The hearing begins with an itemization
of the grounds for extradition, the contents of the extradition request, and of the documents and
evidence attached thereto. Then, if he so desires, the person whose extradition is being sought
may make a statement in that regard and be questioned by the parties. The parties will then
make their arguments by turns; the accused shall be entitled to the final word. The record of the
proceeding shall be immediately sent up to the Criminal Chamber of the Supreme Court.
4. Once the judge presiding over the preparatory investigation has sent the record of the
proceedings to the Supreme Court Prosecutor and the other named participants, the Criminal
Chamber of the Supreme Court shall set the date for the extradition hearing. The hearing shall
be conducted with those in attendance who, following the established order, shall present oral
reports. The first to present his report shall be the Prosecutor and the last shall be the attorney
representing the person whose extradition is sought. If the latter attends the hearing, he shall