'Arrest for ICC proceedings - national procedures' in document 'Croatia: Implementation of Statute of ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

VI. ARREST AND SURRENDER OF ACCUSED

ARREST
Article 31

(1) The Government shall submit to the police, with no delay, the arrest warrant of the International Criminal Court.
(2) The police shall, acting under the request of the International Criminal Court arrest the accused - person whose arrest and surrender or temporary arrest or surrender has been requested by the International Criminal Court and shall with no delay bring the person before the investigating judge of the competent court for the execution of the surrender procedure. If the accused is on the run, the police shall conduct the necessary measures within their competence to find and arrest the person accused.
(3) If the accused is on the run, upon the proposal of the State Attorney, the investigating judge may, in addition to other measures necessary to find and arrest the accused, against the accused or the person referred to in Article 180 paragraph 2 of the Criminal Procedure Act order the measures referred to in Article 180 paragraph 1 items 1 - 4 of the same Act.

VI. ARREST AND SURRENDER OF ACCUSED

ARREST
Article 31

(1) The Government shall submit to the police, with no delay, the arrest warrant of the International Criminal Court.
(2) The police shall, acting under the request of the International Criminal Court arrest the accused - person whose arrest and surrender or temporary arrest or surrender has been requested by the International Criminal Court and shall with no delay bring the person before the investigating judge of the competent court for the execution of the surrender procedure. If the accused is on the run, the police shall conduct the necessary measures within their competence to find and arrest the person accused.
(3) If the accused is on the run, upon the proposal of the State Attorney, the investigating judge may, in addition to other measures necessary to find and arrest the accused, against the accused or the person referred to in Article 180 paragraph 2 of the Criminal Procedure Act order the measures referred to in Article 180 paragraph 1 items 1 - 4 of the same Act.

PROCEDURE BEFORE THE INVESTIGATION JUDGE
Article 32

(1) The competent investigation judge shall interrogate the accused about the matter, and if the judge establishes that this is the person whose arrest, temporary arrest or surrender was requested by the International Criminal Court, the judge shall order that this person be held in custody.
(2) The custody ordered by the investigation judge may have the maximum duration as the custody in the course of investigation in accordance with the Article 16 of this Law.
(3) The investigation judge shall, at the time of interrogation establish whether the accused wants to surrender to the International Criminal Court and without the surrender procedure. In such a case a special document shall be drawn up in which the accused shall confirm that he/she wants to surrender to the International Criminal Court without the conducting of surrender procedure and that he/she waives all remedies which can be used in this procedure. In such a case the investigation judge shall decide on the need of custody in accordance with the provision of the Criminal Procedure Act.
(4) Exceptionally, the accused may make a statement before the arrest took place before the competent state attorney, and a document referred to in paragraph 3 of this Article shall be drawn up, stating that the accused wants to voluntarily surrender to the International Criminal Court without the conducting of the surrender procedure. In such a case the State attorney may request the investigative judge to order the accused to be put in custody in accordance with the provisions of Criminal Procedure Act.
(5) The statement referred to in paragraphs 3 and 4 of this Article may not be revoked.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 30

(1) Acting on the request of the International Criminal Court the police shall apprehend the person indicted whose apprehension and surrender or temporary apprehension has been requested by the International Criminal Court, and shall promptly bring the person before an investigative judge of the court authorised to conduct the surrender procedure. If the person indicted is on the run, the police shall conduct the necessary measures at their disposal to find and apprehend the person in question.

(2) If the person indicted is on the run, the investigative judge may, in addition to other measures necessary to find and apprehend the person in question; at the proposal of the public attorney order the measures from Article 180 paragraph 1 sub-paragraphs 1-4 of the Law on Criminal Procedure.

(3) The Government of the Republic of Croatia shall promptly forward to the police the arrest warrant of the International Criminal Court.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.