617

Procedure When Provisional Arrest is Not Requested

If the foreign country does not request provisional arrest, it submits all the documents that are required under the treaty to establish extraditability. The Office of International Affairs forwards the documents to the prosecutor in the district where the fugitive is located. The prosecutor executes a complaint before a magistrate or district judge and files the supporting documents with the complaint. A warrant is issued and the fugitive is arrested. The hearing on extraditability under 18 U.S.C. § 3184 can take place promptly because the documents that form the basis for the hearing will have been filed with the complaint. Considerations of bail and appointment of counsel are the same as when the fugitive is provisionally arrested. See this Manual at 615.