CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER X - MEASURES TO GUARANTEE THE PRESENCE OF A SUSPECT OR ACCUSED AND SUCCESSFUL CONDUCT OF CRIMINAL PROCEEDINGS

Section 1 - GENERAL PROVISIONS

Article 123 - Types of Measures

Measures that may be taken against the accused in order to secure his presence and successful conduct of the criminal proceedings shall be: summons, apprehension, prohibiting measures, bail and custody.

When deciding which of the above mentioned measures is to be applied, the competent body shall meet certain conditions for application of the measures, attempting not to apply more severe measure if the same effect can be achieved by application of a less severe measure.

These measures shall also be cancelled ex officio immediately after the reasons for their application cease to exist, or they shall be replaced with a less severe measure when the conditions for it are created.

The provision of this Chapter shall be applied to the suspect as well, as appropriate.

Section 2 – SUMMONS

Article 124 - Service and Contents of Summons

The presence of the suspect for the execution of an action in the criminal proceedings shall be ensured through the summons.

A summons shall be served by delivering a sealed written summons containing the following: the name of the body issuing the summons, the first and last name of the accused, the criminal offense with which he is charged, the place where the accused is to appear, the date and hour when he is to appear, an indication that he is being summoned as accused, and a warning that he will be apprehended should he fail to appear, that he must immediately inform the Prosecutor or the Court of the change of the address and of the intention to change the residence, the official stamp, and the signature of the Prosecutor or the judge issuing the summons.

The first time an accused is summoned, he shall be instructed of his right to engage a defense attorney who may be present at his questioning.

The first time a suspect is summoned, in the summons he shall be informed about his rights as specified in Article 78 of this Code. Before the issuance of the indictment, the suspect shall be summoned by the Prosecutor.

If the accused is unable to answer the summons because of illness or other impediment that cannot be removed, he shall be examined where he is or shall be provided transportation to the Courthouse or any other place where the proceeding is to be conducted.

Section 3 - APPREHENSION

Article 125 - Order for Apprehension

The Court may order the accused to be apprehended if a decision on custody has been issued or if the accused duly summoned has failed to appear without justification, or if the summons could not have been orderly serviced and the circumstances obviously indicate that the accused is evading service of summons.

Exceptionally, in emergency cases, the order referred to in Paragraph 1 of this Article may be issued by the Prosecutor if the duly summoned suspect has without justification failed to appear.

The order for apprehension shall be executed by the judicial police.

The order shall be given in writing. The order shall contain: the name and last name of the accused who is to be apprehended, the criminal offense with which he is charged, the specific citation of the relevant criminal provisions, the grounds for ordering the person to be apprehended, the official stamp and the signature of the judge ordering the apprehension.

The person authorized to execute the order shall hand the order to the accused and instruct the accused to follow him. If the accused refuses, he shall be apprehended by force.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER X - MEASURES TO GUARANTEE THE PRESENCE OF A SUSPECT OR ACCUSED AND SUCCESSFUL CONDUCT OF CRIMINAL PROCEEDINGS

Section 5 – BAIL

Article 127 - Conditions for Posting Bail

An accused who is to be placed in custody or has already been placed in custody only for a flight risk may be allowed to remain at liberty or may be released if he personally or someone else on his behalf furnishes a surety that he will not flee before the end of the criminal proceedings and the accused himself pledges that he will not hide and will not leave his residence without permission.

Article 128 - The Contents of Bail

Bail shall always be expressed as an amount of money that is set on the basis of the seriousness of the criminal offense, the personal and family circumstances of the accused, and the property situation of the person posting bail.

Bail consists of depositing money, securities, valuables or other personal property of a large value that is easily marketable and easily maintained, or of placing a mortgage for the amount of bail on real estate of the person posting bail, or of a personal pledge of one or more individuals that they will pay the amount of bail that has been set should the accused flee.

A person posting a bail shall submit evidence on his financial situation, origin of the property and ownership of the property or possession of the property posted as bail.

If the accused flees, a decision shall be issued ordering that the amount posted as bail shall be credited to the Budget of Bosnia and Herzegovina.

Article 129 - Cancellation of Bail

Notwithstanding the bail posted, the accused shall be placed in custody if without justification he fails to appear when duly summoned, if he is preparing to flee or if there occurs another legal ground for his custody after he has been released.

In a case referred to in Paragraph 1 of this Article, the bail bond shall be cancelled. The money, valuables, securities or other personal property deposited shall be returned, and the mortgage shall be removed. The same procedure shall be followed when the criminal proceedings terminate with a legally binding decision to dismiss proceedings or with a verdict.

If a prison sentence is pronounced in the verdict, the bail bond shall be cancelled only when the convicted person begins to serve the sentence.

Article 130 - Decision on Bail

In the course of an investigation, a decision on bail and the cancellation of the bail shall be issued by the preliminary proceedings judge and after the issuance of an indictment – by a preliminary hearing judge and after the case has been submitted to the judge or the Panel for the purpose of scheduling the main trial – by that judge or the presiding judge. A decision setting the bail and a decision cancelling the bail shall be taken following the hearing of the Prosecutor.

Section 6 - PRE-TRIAL CUSTODY

Article 131 - General Provisions

Custody may be ordered or extended only under the conditions prescribed by this Code and only if the same purpose cannot be achieved by another measure.

(1) Custody shall be ordered or extended by a decision of the Court issued on the motion of the Prosecutor after the Court has heard the suspect or the accused regarding the circumstances surrounding the grounds for proposed custody, except in the case prescribed by Article 132(1) a) of this Code.

(2) The Prosecutor shall submit to the Court a reasoned proposal to extend custody no later than five days before the expiration of the deadline set in the decision on ordering custody. The Court shall forward the proposal to the suspect or the accused and his defence attorney without delay.

The duration of custody must be reduced to the shortest time necessary. It is the duty of all authorities participating in the criminal proceedings and of the agencies extending them legal aid to proceed with particular urgency if the suspect or the accused is in custody.

Throughout the proceedings, custody shall be terminated as soon as the grounds for which it was ordered cease to exist, and the person in custody shall be released immediately. Upon proposal of the accused or defence attorney for termination of custody that is based on new facts, the Court shall hold a hearing or panel session, of which the parties and defence attorney shall be notified. The failure of duly summoned parties or the defence attorney to appear shall not prevent the hearing or panel session from being held. An appeal against the decision dismissing the motion to terminate custody shall be allowed. If the motion is not based on new facts relevant to the termination of custody, the Court shall not issue a separate decision.

Article 132 - Grounds for Pre-trial Custody

(1) If there is a grounded suspicion that a person has committed a criminal offense, custody may be ordered against him:

if he hides or if other circumstances exist that suggest a possibility of flight;

if there is a justified fear to believe that he will destroy, conceal, alter or falsify evidence or clues important to the criminal proceedings or if particular circumstances indicate that he will hinder the inquiry by influencing witnesses, accessories or accomplices;

if particular circumstances justify a fear that he will repeat the criminal offense or complete the criminal offense or commit a threatened criminal offense, and for such criminal offenses a prison sentence of three (3) years may be pronounced or more;

in exceptional circumstances, in case of a criminal offence carrying a prison sentence of ten years or a more severe punishment, which is of particular gravity taking into account the manner of perpetration or the consequences of the criminal offense, if the person’s release poses a realistic threat to disturb public order.

(2) In a case of Subparagraph b), Paragraph 1 of this Article, custody shall be cancelled once the evidence for which the custody was ordered has been secured.

Article 133 - General Right to RESTRICT THE MOVEMENT

A person caught committing a criminal offense may be restricted in his movement by any other person. The person who is so restricted must be immediately turned over to the Court, Prosecutor or to the nearest police authority, and if this may not be done, the Court, Prosecutor or the police must be notified about it immediately.

Article 134 - Competence for Ordering Custody

Custody shall be ordered by a decision of the Court and on the motion of the Prosecutor.

A decision on custody shall contain: the first and last name of the person being taken into custody, the criminal offense he with which is charged, the legal basis for custody, explanation, instruction as to the right of appeal, the official seal and the signature of the judge ordering custody.

A decision on custody shall be delivered to the pertinent person at the moment of deprivation of liberty. The files must indicate the hour of the deprivation of liberty and the hour of the delivery of the decision.

The person taken into custody may appeal the decision on custody with the Panel (Article 24(7)) within 24 hours of the receipt of the decision. If the person taken into custody is questioned for the first time after the expiration of this period, he may file an appeal during the questioning. The appeal with a copy of the minutes on questioning, if the person in custody has been questioned, and the evidence on which the decision on custody is based, as well as the decision on custody shall be submitted immediately to the Panel. An appeal shall not stay the execution of the decision.

In the case referred to in Paragraph 4 of this Article, the Panel deciding the appeal must take a decision within 48 hours.

Article 135 - Duration of Custody

Before taking a decision ordering custody, the preliminary proceedings judge shall review whether there are grounds for a motion to order custody. Upon the decision of the preliminary proceedings judge, custody may last no longer than one (1) month following the date of deprivation of liberty. After that period, the suspect may be kept in custody only on the basis of a decision extending the custody.
Custody may be extended, upon a decision of the Panel (Article 24(7)), following a substantiated motion of the Prosecutor, for no longer than two (2) months. An appeal against the decision of the Panel shall be allowed and it shall be decided by the Appellate Division Panel. An appeal does not stay the execution of the decision.

(1) If the proceeding is ongoing for the criminal offense for which a prison sentence of ten (10) years may be pronounced or more, and if there are particularly important reasons, custody may be extended following a substantiated motion of the Prosecutor, for no longer than three (3) months. An appeal against the decision of the Panel shall be allowed and it shall be decided by the Appellate Division Panel. An appeal does not stay the execution of the decision.

(2) Exceptionally and in an extraordinarily complex case concerning a criminal offense for which a long-term imprisonment is prescribed, custody may again be extended for no longer than three (3) months after the extension of the custody referred to in Paragraph 3 of this Article. Such an extension may occur twice consecutively, following a substantiated motion of the Prosecutor for each extension, which needs to contain the statement of the Collegium of the Prosecutor’s Office about the necessary measures that have to be undertaken in order to complete the investigation (Article 225, Paragraph 3). An appeal against the decision of the Panel on the custody extension shall be decided by the Appellate Division Panel. An appeal does not stay the execution of the decision.

(5) If, before the expiration of the periods referred to in Paragraph 1 through 4 of this Article, an indictment has not been confirmed, the suspect shall be released.

Article 136 - Termination of Custody

(1) In the course of the investigation and before the expiration of the custody, the preliminary proceedings judge may terminate custody by the decision upon hearing from the Prosecutor. Against the decision, the Prosecutor may file an appeal to the Panel referred to in Article 24(7). The Panel shall be bound to reach a decision within 48 hours.

Article 137 - Custody after the Confirmation of the Indictment

(1) After the confirmation of indictment, custody may be ordered, extended or terminated. The review of justification of the custody shall be carried out upon the expiration of each two (2) month period following the date of issuance of the most recent decision on custody. The appeal against this decision shall not stay its execution.

(2) After the confirmation of an indictment and before the first instance verdict is pronounced, the custody may not last longer than:

a) one year in the case of a criminal offense for which a punishment of imprisonment for a term up to five years is prescribed;

b) one year and six months in the case of a criminal offense for which a punishment of imprisonment for a term up to ten years is prescribed;

c) two years in the case of a criminal offense for which a punishment of imprisonment for a term exceeding ten years may be imposed, but not the long-term imprisonment;

d) three years in the case of a criminal offense for which a punishment of long-term imprisonment is prescribed.

(3) If, during the period referred to in Paragraph 2 of this Article, no first instance verdict is pronounced, the custody shall be terminated and the accused released.

Article 138 - Ordering Custody after the Verdict is pronounced

(1) When the Court pronounces a sentence of imprisonment against an accused, the Court may order custody of the accused or the custody shall be extended if that is necessary in order to ensure an unhindered conduct of the criminal proceedings, while taking into account all the circumstances related to the commission of the criminal offence and the personality of the perpetrator.

If the sentence pronounced is imprisonment of five years or longer, the Court shall order or extend custody immediately. In such case, a special decision shall be issued, and an appeal from such decision shall not stay its execution.

Custody shall be terminated and release of the accused ordered if he has been acquitted or if the charges against him have been rejected for the reasons other than lack of jurisdiction of the Court or he has been found guilty but released from penalty or he has only been fined or conditionally sentenced or, due to crediting the custody time, he has already served the sentence.

(2) After pronouncing the first instance verdict, the custody may last no longer than additional nine months. Exceptionally, in complex cases and for the important reasons, the Appellate Panel may extend the custody additionally for a six months maximum. If during that period no second instance verdict to alter or sustain the first instance verdict is pronounced, the custody shall be terminated and the accused shall be released. If within the prescribed deadlines the second instance verdict is pronounced reversing the first instance verdict, the custody shall last for no longer than another year after pronouncement of the second instance verdict.

At the request of the accused, who is in custody after a sentence of imprisonment has been pronounced on him, a judge or the presiding judge may commit the accused by a decision to an institution for serving the sentence even before the verdict becomes legally binding.

(3) Custody shall always be terminated upon the expiration of the pronounced sentence.

(4) The accused placed in custody against whom a sentence of imprisonment has become legally binding, shall remain in custody until he/she is sent to prison but not after the expiration of the prison term he has received.

Article 139 - Deprivation of Liberty and Detention

(1) The Police may deprive a person of liberty if there are grounds for suspicion that he may have committed a criminal offence and if there are any of the reasons referred to in Article 132 of this Code, but they must immediately, no later than 24 hours, bring that person before the Prosecutor. In apprehending the person concerned, the police authority shall notify the Prosecutor of the reasons for and time of the deprivation of liberty. The Use of force in accordance with law is allowed when apprehending the person.

(2) As an exception to Paragraph (1) of this Article, with regard to crime of terrorism, the person must be brought before the Prosecutor within 72 hours at the latest.

A person deprived of liberty must be advised in accordance with Article 5 of this Code.

If a person deprived of liberty is not brought before the Prosecutor within the period specified in Paragraphs 1 and 2 of this Article, he shall be released.

The Prosecutor shall question the person apprehended without delay and no later than 24 hours, and decide within that time whether he will release the apprehended person or file a reasoned motion for custody of the person in question, ensuring that the person is brought before the preliminary proceedings judge. The preliminary proceedings judge shall immediately, and no later than within 24 hours, issue a decision on the motion for custody.

(3) If the preliminary proceedings judge does not grant the motion for custody, he shall issue a decision dismissing the motion and release the person immediately. The Prosecutor may file an appeal against the decision of the preliminary proceedings judge, but it shall not stay the execution of the decision.

(4) The person ordered into custody may appeal the decision on custody, but it shall not stay the execution of the decision.

In the case referred to in paragraphs (7) and (8) of this Article, the Panel referred to in Article 24(7) of this Code shall decide on the appeal within 48 hours of receipt of the appeal by the Court.

Section 7 - EXECUTION OF CUSTODY AND PROCEDURE WITH PERSONS TAKEN INTO CUSTODY

Article 140 - General Provisions

Custody shall be executed in the institutions so designated by the Minister of competent Ministry of Bosnia and Herzegovina in cooperation with competent bodies of entities and District Brčko of Bosnia and Herzegovina. The task of execution of custody may be performed only by those employees of the Ministry who have necessary knowledge and skills and professional qualifications as prescribed by legislation.

Article 141 - The Rights and Freedoms of Persons Taken into Custody and Data on Them

Custody must be executed in such a manner as not to offend the personal integrity and dignity of the person taken into custody. In executing custody, authorized officials of the Judicial police and guards of the institution may use means of force only in cases prescribed under law.

The rights and freedoms of the person taken into custody may be restricted only insofar as it is necessary to achieve the purpose for which custody has been ordered and to prevent the flight of the person taken into custody, commission of a criminal offense or endangerment to the life and health of people.

The administration of the institution shall collect, process and store data on the persons taken into custody, including data concerning the identity of the persons in custody and their mental and physical condition, the duration, extension and cancellation of their custody, the work performed by the persons in custody, their behavior and the disciplinary measures applied.

The custody records concerning the detainees shall be kept by the competent Ministry of Bosnia and Herzegovina.

Article 142 - Accommodation of Persons in Custody

Persons in custody shall be accommodated in rooms of appropriate size that satisfy required health conditions. Individuals of different sexes may not be accommodated in the same room. As a rule, persons in custody shall not be put in the same room with persons serving a sentence. A person taken into custody shall not be accommodated together with persons who might have an adverse influence on him or with persons whose company might have adverse influence on the conduct of the
proceedings.

Article 143 - Special Rights of Persons Taken into Custody

Persons in custody have the right to eight (8) hours of uninterrupted rest within each 24-hour period.

In addition, they shall be guaranteed at least two (2) hours of walking in the open air daily.

A person in custody shall be allowed to have personal belongings and hygienic items in his possession, and shall also be allowed to procure at his own expense books, newspapers and other printed media. A detainee shall also be allowed to keep other objects in such a quantity and size so as not to disturb the living environment in the room and the internal regulations of the custody. In admitting a person to custody, objects related to the criminal offense shall be seized from him during the search of his person, and any other objects that the person taken into custody is not allowed to have in his possession while in custody shall be put aside and stored according to his instruction or delivered to a person designated by him.

Article 144 - The Right to Communication of the Person in Custody with the Outside World and Defense Attorney

(1) Detainees shall be entitled to visits by persons of their choosing except where the preliminary proceedings judge issues a written decision prohibiting specific visits due to their detrimental effect on the conduct of the proceedings.

Foreign detainees shall be entitled to visits by their diplomatic and consular representatives or representative of the country protecting their interests, in compliance with international law and subject to internal regulations of the custody except where the preliminary proceedings judge issues a written decision prohibiting specific visits due to their detrimental effect on the conduct of the proceedings.

A detainee may exchange confidential correspondence with any other person. Exceptionally, if so required by the interests of the proceedings, the Court may issue a decision to supervise such confidential correspondence or a decision banning such confidential correspondence. An appeal against this decision shall be allowed, but it shall not stay the execution of the decision. A detainee may not be prohibited from sending petitions, complaints or appeals.

A detainee shall be prohibited from using cellular phone but shall have the right, subject to internal regulations of the custody, to make telephone calls at his own expense. To that end, the detention administration shall provide the detainees with a sufficient number of public telephone connections. The preliminary proceedings judge, the preliminary hearing judge, the individual judge or the presiding judge may, for a reason of security or due to the existence of one of the reasons referred to in Article 132(1) subparagraphs a) through c), of this Code restrict or prohibit, by a decision, the use of the telephone by a detainee.

A detainee shall be entitled to free and unrestrained communications with his defense attorney.

Article 145 - Disciplinary Violations of a Detainee (deleted)

Article 146 -Visits by Court

the President of the Court, the preliminary proceedings judge, an individual judge or the presiding judge may visit the detainees at all times, may talk to them and may hear their complaints.

Article 147 - Internal Regulations of the Institutions for Detention

The Minister of the competent Ministry of Bosnia and Herzegovina shall issue internal regulations for the institutions for detention that shall regulate in detail the execution of custody in accordance with the provisions of this Code.

Article 87
Requests for cooperation: general provisions
1. (a) The Court shall have the authority to make requests to States Parties for
cooperation. The requests shall be transmitted through the diplomatic channel or any other
appropriate channel as may be designated by each State Party upon ratification, acceptance,
approval or accession.
Subsequent changes to the designation shall be made by each State Party in accordance
with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a),
requests may also be transmitted through the International Criminal Police Organization or any
appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be
accompanied by a translation into an official language of the requested State or one of the working
languages of the Court, in accordance with the choice made by that State upon ratification,
acceptance, approval or accession.
Subsequent changes to this choice shall be made in accordance with the Rules of
Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents
supporting the request, except to the extent that the disclosure is necessary for execution of the
request.
4. In relation to any request for assistance presented under this Part, the Court may take such
measures, including measures related to the protection of information, as may be necessary to
ensure the safety or physical or psychological well-being of any victims, potential witnesses and
their families. The Court may request that any information that is made available under this Part
shall be provided and handled in a manner that protects the safety and physical or psychological
well-being of any victims, potential witnesses and their families.
5. (a) The Court may invite any State not party to this Statute to provide assistance under
this Part on the basis of an ad hoc arrangement, an agreement with such State or any other
appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc
arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such
arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the
Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or
documents. The Court may also ask for other forms of cooperation and assistance which may be
agreed upon with such an organization and which are in accordance with its competence or
mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to
the provisions of this Statute, thereby preventing the Court from exercising its functions and
powers under this Statute, the Court may make a finding to that effect and refer the matter to the
Assembly of States Parties or, where the Security Council referred the matter to the Court, to the
Security Council.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for
all of the forms of cooperation which are specified under this Part.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the
material supporting the request outlined in article 91, to any State on the territory of which that
person may be found and shall request the cooperation of that State in the arrest and surrender of
such a person. States Parties shall, in accordance with the provisions of this Part and the procedure
under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the
basis of the principle of ne bis in idem as provided in article 20, the requested State shall
immediately consult with the Court to determine if there has been a relevant ruling on
admissibility. If the case is admissible, the requested State shall proceed with the execution of the
request. If an admissibility ruling is pending, the requested State may postpone the execution of
the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law,
transportation through its territory of a person being surrendered to the Court by another State,
except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with
article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization;
and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of
transit;
(d) No authorization is required if the person is transported by air and no landing is
scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may
require a request for transit from the Court as provided for in subparagraph (b). The transit State
shall detain the person being transported until the request for transit is received and the transit is
effected, provided that detention for purposes of this subparagraph may not be extended beyond
96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested
State for a crime different from that for which surrender to the Court is sought, the requested State,
after making its decision to grant the request, shall consult with the Court.

Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under
article 89 shall, if it also receives a request from any other State for the extradition of the same
person for the same conduct which forms the basis of the crime for which the Court seeks the
person’s surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the
request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in
respect of which surrender is sought is admissible and that determination takes into account the
investigation or prosecution conducted by the requesting State in respect of its request for
extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the
requested State’s notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may,
at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal
with the request for extradition from the requesting State but shall not extradite the person until the
Court has determined that the case is inadmissible. The Court’s determination shall be made on an
expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not
under an international obligation to extradite the person to the requesting State, shall give priority
to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Curt, the
requested State may, at its discretion, proceed to deal with the request for extradition from the
requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing
international obligation to extradite the person to the requesting State not Party to this Statute, the
requested State shall determine whether to surrender the person to the Court or extradite the
person to the requesting State. In making its decision, the requested State shall consider all the
relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime
was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting
State.
7. Where a State Party which receives a request from the Court for the surrender of a person
also receives a request from any State for the extradition of the same person for conduct other than
that which constitutes the crime for which the Court seeks the person’s surrender:
(a) The requested State shall, if it is not under an existing international obligation to
extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to
extradite the person to the requesting State, determine whether to surrender the person to the Court
or to extradite the person to the requesting State. In making its decision, the requested State shall
consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall
give special consideration to the relative nature and gravity of the conduct in question.
8. Where pursuant to a notification under this article, the Court has determined a case to be
inadmissible, and subsequently extradition to the requesting State is refused, the requested State
shall notify the Court of this decision.

Article 91
Contents of request for arrest and surrender
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may
be made by any medium capable of delivering a written record, provided that the request shall be
confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of
arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be
supported by:
(a) Information describing the person sought, sufficient to identify the person, and
information as to that person’s probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the
requirements for the surrender process in the requested State, except that those requirements
should not be more burdensome than those applicable to requests for extradition pursuant to
treaties or arrangements between the requested State and other States and should, if possible, be
less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the
request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the
judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in
the case of a sentence for imprisonment, a statement of any time already served and the time
remaining to be served.
4. Upon the request of the Court, a State Party shall consult with the Court, either generally
or with respect to a specific matter, regarding any requirements under its national law that may
apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the
specific requirements of its national law.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending
presentation of the request for surrender and the documents supporting the request as specified in
article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a
written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and
information as to that person’s probable location;
(b) A concise statement of the crimes for which the person’s arrest is sought and of the
facts which are alleged to constitute those crimes, including, where possible, the date and location
of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction
against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3
shall not prejudice the subsequent arrest and surrender of that person if the request for surrender
and the documents supporting the request are delivered at a later date.