Practice question
Lina is provisionally arrested under a valid warrant. The applicable treaty specifies no different submission period. Sixty calendar days pass, but the Executive Authority has not received the extradition request and supporting documents. Officials propose holding her indefinitely because papers are expected next month. What is correct?
- She must be released, without prejudice to rearrest upon later receipt of the papers
- She must remain detained indefinitely
- The missing request is deemed filed
- The foreign case is dismissed permanently
- She is automatically acquitted
Legal references
- AM 22-03-29-SC, April 8, 2025, Rule 4, Section 1(d)-(e): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/100128
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