18 c) If the person whose arrest is being requested is accused of committing a crime, an indication of the penalty for the crime he is accused of committing; if he has been convicted of a crime, a description of the penalty imposed; d) A reference to the existence of a court order for the subject’s arrest or imprisonment, and whether he has been declared in absentia or in contempt; e) The commitment of the requesting State to file a formal request for extradition within thirty days of the date on which the arrest request is received. At the end of that 30-day period, if no formal request for extradition has been received, the person arrested shall be released immediately. 3. The Attorney General’s Office shall refer the request to the competent judge for the preparatory investigation, and notify the appropriate Provincial Prosecutor. 4. The judge shall issue the provisional arrest warrant, provided the act reputed to be a crime is also a crime in Peru and when the offense is one punishable under the laws in both the requesting and requested States by deprivation of liberty for a maximum period of more than one year or by a more severe penalty. If the commission of a number of crimes is being claimed, only one of those crimes must satisfy this condition to allow the Peruvian authorities to proceed with respect to the other crimes. The Prosecutor shall be notified of the decision the judge issues, and the Attorney General’s Office and INTERPOL’s local office shall be so advised. 5. If the situation posited in subparagraph b) of paragraph 1) obtains, the Police posted at the border shall immediately surrender the detainee to the competent judge for the preparatory investigation in the place where the person was taken into custody, and the Provincial Prosecutor shall be informed. By the most rapid means possible, which may be telephone, fax or email, the judge shall advise the Attorney General’s Office and the diplomatic or consular authority of the country that requested the search that the person being sought has been taken into custody. The diplomatic or consular official shall have two days in which to request that the person in question be kept under provisional arrest and shall include with his request the particulars specified in paragraph 2) of this article. If this is not done, the arrested person shall be immediately released. 6. Once the provisional arrest has been ordered, the judge presiding over the preparatory investigation shall, within twenty-four hours, give a hearing to the person placed under arrest and shall designate a court-appointed attorney to represent him if he does not appoint his own legal counsel. The arrest shall be lifted if the judge establishes that the conditions set forth in paragraph 4) of this article are not present and shall order in its place a supervised release arrangement under which the person whose arrest was requested shall not be permitted to leave the country. The arrest shall be terminated if it is established that the person being held under arrest is not the person being sought or if the thirty-day period allowed to file a formal request for extradition expires. 7. The person arrested and then released because the extradition request was not filed on time, may be detained again for the same crime, provided a formal extradition request is received. 8. At any time during the provisional arrest, the person under arrest may consent to be transferred to the requesting State. If that is the case, the procedure followed shall be the one set forth in paragraph 6) of Article 521. 9. The person under arrest may obtain provisional release upon expiration of the legal deadlines prescribed in the treaty or in the law that is the basis for the extradition request, or if the person whose extradition is sought meets the procedural conditions to qualify for provisional release. In the latter event, an order shall be issued to bar him from leaving the country and his passport shall be withheld, without prejudice to any other control measures that the judge may decide at his discretion. The procedure prescribed for the cessation of preventive imprisonment shall be 11 followed. 11 Legislative Decree No. 957 of July 22, 2004, Code of Criminal Procedure, available [in Spanish] at the web portal of the Congress of the Republic of Peru: www.congreso.gob.pe/ntley/Imagenes/DecretosLegislativos/00957.pdf.

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