the law on mutual legal assistance in criminal matters

equests, <strong>the</strong> nationality of <strong>the</strong> person claimed, <strong>the</strong> possibility of subsequent extradition toano<strong>the</strong>r state, and o<strong>the</strong>r circumstances.Article 27(1) If <strong>the</strong> extradition is requested by a foreign state from ano<strong>the</strong>r foreign state and <strong>the</strong>person claimed would have to be escorted through <strong>the</strong> territory of Montenegro, transitmay be granted by <strong>the</strong> Minister upon <strong>the</strong> letter rogatory by <strong>the</strong> requesting state providedthat <strong>the</strong> person concerned is not a national of Montenegro and that <strong>the</strong> extradition is notenforced for political or military criminal offence.(2) Letter rogatory for transit of <strong>the</strong> person through <strong>the</strong> territory of Montenegro shallcontain <strong>the</strong> information and documents referred to in Article 15 paragraph 3 of thisLaw.(3) In <strong>the</strong> case of transit of <strong>the</strong> person through <strong>the</strong> territory of Montenegro by air transit, ifno landing is expected, it shall not be necessary to obtain permit referred to inparagraph 1 above.(4) The requesting state shall notify <strong>the</strong> Ministry of transit referred to in paragraph 3 above.The notification shall contain information such as: <strong>the</strong> name of <strong>the</strong> person escortedthrough <strong>the</strong> territory of Montenegro, <strong>the</strong> state to which <strong>the</strong> person is extradited, <strong>the</strong>criminal offence for which <strong>the</strong> person is extradited, and <strong>the</strong> time of air transit.Article 28(1) At <strong>the</strong> request of <strong>the</strong> requesting state, <strong>the</strong> competent court shall seize and surrender, inaccordance with <strong>the</strong> domestic <strong>law</strong>, items which may serve as evidence materials or thatresulted from <strong>the</strong> commission of criminal offence.(2) The items referred to in paragraph 1 above shall be surrendered even in case when analready approved extradition may not be enforced due to <strong>the</strong> death or escape of <strong>the</strong>person claimed.(3) If <strong>the</strong> items referred to in paragraph 1 above are subject to seizure or confiscation in <strong>the</strong>territory of Montenegro, <strong>the</strong>y may be temporarily retained or surrendered provided that<strong>the</strong>y are returned in connection with <strong>the</strong> ongoing criminal proceedings.(4) The items referred to in paragraph 1 above, to which Montenegro and third personshave rights, shall be returned to Montenegro as soon as possible after <strong>the</strong> hearing iscompleted. The costs of returning of items shall be borne by <strong>the</strong> requesting state.Article 29(1) The person for <strong>the</strong> extradition of whom <strong>the</strong> foreign state submitted <strong>the</strong> letter rogatory if<strong>the</strong> conditions for extradition prescribed by this Law have been met may be extraditedwithin a summary procedure if <strong>the</strong> person claimed consented.(2) The consent referred to in paragraph 1 above shall be entered for <strong>the</strong> record before acompetent court in accordance with <strong>the</strong> Criminal Procedure Code, in a way ensuringthat <strong>the</strong> consent has been given voluntarily and that <strong>the</strong> person claimed has been awareof all consequences of such consent when <strong>the</strong> consent was given. The consent oncegiven cannot be revoked.(3) The decision on extradition in a summary procedure shall be passed by a competentcourt.