GENERAL PART

Section V. COERCIVE MEASURES

CHAPTER 18. PREVENTIVE MEASURES TO SECURE THE APPEARENCE

Article 137. Arrest

1. To arrest a person means to detain a person under arrest in the places and under conditions prescribed by law.

2. The arrested shall not be detained in places allotted for detainment for more than 3 days except for the cases when his delivery to the investigatory isolation ward or other place prescribed by law for detainment of the arrested is impossible due to the lack of transportation means.

3. The inquiry body, investigator, prosecutor and the court have the right to instruct the administration of the investigatory isolation ward to detain the accused persons of the same criminal case or of several criminal cases related to each other in separate wards, to prevent the communication of the accused with other arrested persons as well as to give other instructions which do not contradict the procedure prescribed by law about the detainment of the arrested. The given instructions are mandatory for the administration of the investigattory isolation ward.

4. Upon delivering an order for arrest the court shall also decide on the admissibility of the release of the accused on bail; if the court determines pre-trial release is permissible, it shall determine the amount of the bail. Later, upon a petition being presented by the defense, the court may reconsider its decision concerning the inadmissibility and the amount of bail.

5. The order of the court about the execution of the arrest as a preventive measure may be appealed against to the court of a higher instance.

GENERAL PART

Section V. COERCIVE MEASURES

CHAPTER 18. PREVENTIVE MEASURES TO SECURE THE APPEARENCE

Article 142. Release of the Detained

1. The accused shall be released on the basis of a decision of the corresponding body which carries out the criminal proceeding when:
1) the criminal proceedings have been suspended, or criminal prosecution is terminated;
2) the court has granted the accused a punishment other than imprisonment, detainment in a disciplinary battalion or arrest;
3) the body which carries out the criminal proceeding does not find it necessary to further detain a person;
4) the deadline for the arrest has expired and has not been extended;
5) the maximum term of the detainment prescribed by the present Code has expired;
6) the bail for the release of the accused has been posted.

2. In cases prescribed by paragraphs 4-6 of the first part of the present Article the decision about the release of a person may be made by the administrator of a detention unit.

3. In cases prescribed by paragraphs 1-2 of the first part of the present Article, the person found not guilty or the convict, respectively, shall be released immediately in the courtroom. In cases prescribed by paragraphs 4-6 of the first part of the present Article as well as upon receiving the copies of the decision of the body which carries out a criminal proceeding about the annulment or substitution of the arrest by other preventive measure, the accused shall be released immediately by the administrator of the detention unit.

4. A person released shall not be detained on the basis of the same accusation unless new evidence has been found which was unknown to the body which carried out the criminal proceeding at the time of the release of the accused.

Article 143. Bail

1 Bail may consist of money, securities and other valuables posted by one or several
persons to the deposit of the court for the release from detention of someone accused of committing a crime classified as minor and medium gravity. Upon permission of the court, real estate may be posted as an alternative measure to bail.

2. When finding sufficient cause, the court may deny the release of the accused in
those exceptional cases where the identity of the accused is not established, when the accused does not have a permanent place of residence, and where the suspect has attempted to conceal himself from the body which carries out the criminal proceeding.

3. The value of the bail shall be proved by the person who posts the bail.

4. The amount of the bail designated by the court shall not be less than:
1). the minimum amount of 200 salaries - when the accusation is one of committing a crime classified as minor.
2) the minimum amount of 500 salaries when a crime is classified as medium.

5. Immediately upon receiving the notice that bail has been posted, the body which carries out the criminal proceeding shall issue an order for the release of the accused.

6. In case the accused has escaped from the body which carries out the criminal proceeding or has moved to another place without permission of the persecution body, the prosecutor shall address the court with a suggestion to forfeit the amount of the bail to the state budget. The person who has posted the bail may appeal against the decision of the court concerning the forfeit of the bail to the court of a higher instance.

7. The bail shall be returned to the person who has posted the bail in all cases when the violations prescribed by part 6 of the present Article have not been proven or when the bail is annulled or substituted as a preventive measure. The decision to return the bail shall be made by the body which carries out the criminal proceeding at the time of issuing the order about the annulment or the substitution of this preventive measure.

8. Upon infringement of the responsibilities and restrictions prescribed to the accused
by law, the bail may be rescinded and the person taken into custody.

Article 144. Undertaking not to Leave a Place

1. An undertaking not to leave a place shall contain a written promise of the suspect or the accused not to move to a new place without permission, or change place of residence, but to appear in court upon receiving a subpoena from the inquiry body, investigator, prosecutor and the court, and to inform them of a change of his place of residence.

2. The undertaking not to leave shall be taken from the accused by the body which carries out the criminal proceeding.

Article 145. A Personal Guarantee

1. A personal guarantee shall be given in the form of a written undertaking by trustworthy persons who upon their word and bail posted by them can guarantee an appropriate behavior of the suspect or the accused, his appearance in court upon receiving a subpoena of the body which carries out the criminal proceeding as well as his fulfillment of other court proceeding responsibilities.

2. Anyone who has reached his 18 years of age may act as a surety. The amount of bail posted by a surety shall equal the amount of minimum 500 salaries of the surety.

3. The number of sureties shall not be less than 2 people. In exclusive cases a personal guarantee shall be executed as a preventive measure upon availability of one highly trustworthy surety.

Article 146. An Organization Guarantee

1. An organization guarantee shall be given in the form of written undertaking by a trustworthy legal entity who upon his reputation and bail posted by him can guarantee an appropriate behavior of the suspect or the accused, his appearance in the court upon receiving a subpoena of the body which carries out the criminal proceeding as well as his fulfillment of other court proceeding responsibilities.

2. The amount of bail posted by a legal person shall equal the amount of minimum 1000 salaries.

Article 147. The Procedure of Giving a Guarantee

1. Upon ensuring the trustworthiness of the surety and the admissibility of a personal or organizational guarantee as a preventive measure against the suspect or the accused, the body which carries out the criminal proceeding shall explain to the surety or his legal representative the nature of the suspicion and charges brought against the accused, shall advise him of his rights, obligations and responsibilities. After being advised on all the above mentioned issues the surety can either affirm or withdraw his request.

2. The fulfillment of the court proceedings prescribed by the first part of the present Article shall be registered in a record. In case of the execution of a personal or organization guarantee as a preventive measure, the corresponding surety shall be mentioned in the decision of the body which carries out the criminal proceeding. Upon such a decision being made, its copies shall be immediately given to the surety.

3. The bail shall be subject of state budget circulation upon the decision of the body which carries out the criminal proceeding if the surety:
1) has not fulfilled his responsibilities concerning the appropriate behavior of the suspect of the accused;
2) has voluntarily refused from his guarantee.

4. In all cases except for those prescribed by part 3 of the present Article the bail shall be returned to the surety.

5. The order for bail to be forfeited to the state budget may be appealed to court.

Article 148. Supervision

1. Supervision of an under-aged suspect or accused shall be carried out by parents, guardians, trustees or the administration of the institution for children where the minor is kept. The above mentioned persons shall be responsible for the appropriate behavior of the minor suspect or the accused, his appearance in court upon receiving a subpoena of the body which carries out the criminal proceeding as well as his fulfillment of other court proceeding responsibilities.

2. When the supervision is being executed as a preventive measure the body which carries out the criminal proceeding shall familiarize the parents, guardians, trustees and the representative of the institution for children with the charges or suspicions, with the order to place an under-aged person under supervision, shall give them a copy of the decision, advise them of their rights, obligations and responsibilities.

3. Parents, guardians or trustees shall have the right to refuse to supervise an under-aged suspect or accused.

4. Persons responsible for supervision of an under-aged accused or suspect shall be charged by law for not carrying out their responsibility of supervision.

Article 149. Placing under Supervision of Command

1. The responsibility of command supervision for appropriate behavior and
appearance in court upon receiving of a subpoena of the body which carries out the criminal proceeding as well as of other court proceeding responsibilities shall be borne by the commanding officer of the military unit or formation, or by the officer of a military establishment where the suspect or the accused serves or is being drafted.

2. When the command supervision is being executed as a preventive measure the body which carries out the criminal proceeding shall familiarize the representative of the command with the order to place a serviceman under command supervision, shall give him the copy of the decision, advise him of his rights, the essence of charges, obligations and responsibilities in a record.

3. The supervision of a person under command shall be carried out in accordance with field manuals common to all armed services.

4. While executing the mentioned preventive measure the suspect or the accused shall not be assigned to be on guard or on military duty, shall be deprived of his right to carry a weapon in peace-time, and a serviceman who is not an officer or a warrant officer shall not be granted a leave of absence from the military unit.

5. Persons responsible for command supervision shall be charged by law for not carrying out their responsibility of command supervision.

Article 150. Appeal against Preventive measure

1. The order of the body of criminal persecution about the substitution of a preventive measure may be appealed to the prosecutor by the suspect, accused, his defense counselor, his legal representative or other interested persons involved in the case.

2. The decision of the court about the execution of the preventive measure may be appealed to the court of appeals.

Article 151. Substitution or the Annulment of the Preventive measure

1. Upon necessity the preventive measure can be substituted by the body which carries out the criminal proceeding.

2. The preventive measure shall be annulled when there is no necessity for its execution.

3. Arrest and bail granted by the court may be changed or annulled by the court, and may be changed or annulled by court as well as by the body of criminal persecution during the pre-trial proceeding.

4. The body which annuls or substitutes detention as a preventive measure shall inform the administration of a detention unit of such a decision and forward to them a copy of this decision.

PART 14. SPECIAL PROCEEDINGS

CHAPTER 54. INTERRELATIONS OF COURTS, PROSECUTORS AND INQUEST BODIES WITH APPROPRIATE INSTITUTION OF FOREIGN COUNTRIES AND OFFICIALS IN LEGAL ASSISTENCE IN CRIMINAL CASES

Article 485. Arrest or detention prior to the receipt of request for extradition

The person whose extradition is required, by petition of the applying country, can be arrested also prior to the receipt of the extradition request. The petition must contain references to the decision to arrest or to the verdict which came into legal force, indicating that the extradition request will be sent additionally. The petition on arrest prior to extradition request can be sent by mail, by telegram or by fax.
The person can also be arrested without the petition mentioned in the first part of this article, if there are legally envisaged grounds to suspect that he committed a crime in the territory of another country and is liable to extradition.
The appropriate institution of the foreign country which presented the request is immediately informed about the arrest or detention executed prior to receipt of the extradition request.
In accordance with parts 1 and 2 of this article, the arrested person is entitled to appear before court for the establishment or elimination of the prevention measure.

Article 486. Release from arrest or detention

The person arrested, based on grounds envisaged in article 485, part 1, if no extradition request will be received within 1 month after his arrest.
The person arrested, based on article 485, part 2, must be released, if no extradition request will be received within the period established in the legislation of the given state for arrest.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender
shall immediately take steps to arrest the person in question in accordance with its laws and the
provisions of Part 9.
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.
3. The person arrested shall have the right to apply to the competent authority in the custodial
State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial
State shall consider whether, given the gravity of the alleged crimes, there are urgent and
exceptional circumstances to justify interim release and whether necessary safeguards exist to
ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be
open to the competent authority of the custodial State to consider whether the warrant of arrest
was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make
recommendations to the competent authority in the custodial State. The competent authority in
the custodial State shall give full consideration to such recommendations, including any
recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic
reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

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.