SERVICES > LEGAL ASSISTANCE > EXTRADITION OF THE CRIMINALS
V- TRYING THE EXTRADITED PERSON FOR THE OFFENCES WHICH ARE NOT INCLUDED IN THE REQUEST OF EXTRADITION OR EXECUTION OF SUCH JUDGMENTS :

Rule of specialty:
After extradition process is finalized, the extradited person can only be prosecuted for only the offences which are the grounds for extradition decision or only the punishment mentioned in extradition decision may be executed. Therefore after the person is extradited (committed before the extradition decision), if it is found out that he has committed another offence or there is a pending imprisonment, he can not be tried in the country where he is surrendered for these offences or the imprisonment can not be enforced.  This is called rule of specialty. Rule of specialty is regulated under article 14 of SİDAS (European Convention on Extradition). Besides there are some relevant provisions in bilateral conventions to which Turkey is a party. 
There are exceptions in rule of specialty:

1-Requested state gives consent to extraditing state:
Rule of specialty has no effect where requested state gives consent to requesting state for prosecuting the offences which are not included in extradition or if it approves of executing the penalty imposed. For this purpose, the judicial authority that is to prosecute the case is obliged to request certificate of consent from requested state. If the request for consent is registered before extradition decision for verdict of conviction which is final or for an offence in prosecution phase, this request should be addressed to Chief Public Prosecution Office.  Request for consent for the offence which is at prosecution phase should be made by Court.

2-  The extradited person is expected not to leave the  country where he is surrendered and when he leaves he should come back:
According to article 14 of SİDAS (European Convention on Extradition), when extradited person , having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it, the rule of specialty is not applied.

Meanwhile, please check above for the different periods of time mentioned in bilateral agreements to which we are party.
   
***Click the links below to access other parts…
   
I-
GENERAL INFORMATION
   
II-
LEGAL GROUNDS OF EXTRADITION
   
III- PREPARATION OF EXTRADITION DOCUMENTS FOR THE REQUESTS FROM TURKEY TO OTHER COUNTRIES
   
IV-
GUARANTEEING THE RETRIAL
   
VI- EXTRADITION REQUESTS FROM FOREIGN STATES
   
 
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