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.

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 484. Arrest for extradition

Measures are taken to arrest the person liable to extradition, prior to the extradition decision when the copy of the decision to arrest is received with the extradition request. In accordance with the provisions of this article in part 1, the arrested person is entitled to appear before court for the establishment or elimination of the prevention measure.

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.