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speak last. The Supreme Court shall issue an advisory decision within five days. Once
notification is done, the decision shall immediately be referred to the Ministry of Justice, within
three days.
5. If, after questioning the person whose extradition is sought, the judge presiding over the
preparatory investigation determines that the individual is not the person whose extradition the
foreign justice system is seeking, said judge shall immediately so declare, without prejudice to
ordering that the correct person be arrested. Although such a finding may be announced even
before the hearing is held, it shall put a half to any further proceedings against the individual in
custody. An appeal challenging the judge’s finding may be filed with the Superior Criminal
Chamber.
6. At any stage in the judicial proceeding, the person whose extradition is being sought may give
his free and full consent to be extradited. In that event, the jurisdictional body shall consider the
proceeding closed. The Criminal Chamber of the Supreme Court may, without holding any
further proceedings, issue an advisory decision favorable to extradition, and refer the case files
to the Ministry of Justice for the purposes the law prescribes.
ARTICLE 522 – Supreme Resolution and Execution.1. The Supreme Resolution issued by the Council of Ministers shall be reported to the Attorney
General’s Office and to the requesting State via diplomatic channels. In the communication, the
requested State shall set forth the conditions for the grant of extradition. If the decision is to
refuse extradition, the Attorney General’s Office shall so inform INTERPOL.
2. Once a definitive decision has been made on the extradition request, no further extradition
request shall be entertained from the same requesting State, based on the same facts, except if
extradition is denied on procedural grounds. Another State with jurisdiction may seek the same
person’s extradition based on the same set of facts if the first State to apply for the person’s
extradition was refused on the grounds that it did not have competence to prosecute the crime
that prompted the extradition request.
3. The requesting State must take custody of the person being extradited within thirty days of
the official communication. The Attorney General’s Office addresses a requesting State’s request
when the latter is unable to take custody within the prescribed time period and may grant the
requesting State an additional ten days. Once that ten-day period has expired, the person whose
extradition was sought shall be immediately released and the requesting State may not file
another request for his extradition.
4. The costs of incarcerating and handing over the person whose extradition was sought, his
international travel expenses and the costs of the documents and assets seized shall be borne by
the requesting State.
5. If the person whose extradition was requested is ultimately acquitted, the requesting State is
required to send Peru an authenticated copy of the verdict.
ARTICLE 523 – Provisional or pre-extradition arrest.1. The provisional arrest of a person sought by foreign authorities shall be in order when:
a) The central authority of the interested country has filed a formal request for his arrest;
b) The person tries to enter the country while being pursued by the authority of a neighboring
country;
2. In the situation described in subparagraph a) of the above paragraph, the formal request shall
be sent to the Attorney General’s Office, by way of either the central authority or INTERPOL. In
urgent cases, a simple request filed by any means –telegraph, telephone, radio or e-mail- shall
suffice. The formal request shall contain the following:
a) The name of the person whose arrest is being requested, with the particulars of his personal
identity and any details that might be useful in establishing his whereabouts in the country;
b) The date and place of the commission of the crime and its criminal classification;