§ 4. Compulsory measures

Compulsory measures may be used at the request of the Court. The provisions of sections 15, 20 and 24 of the Act of 13 June 1975 No. 39 relating to the surrender of offenders apply correspondingly in so far as they are appropriate. If the use of a compulsory measure is conditional on there being just cause to suspect that an offence has been committed, the Court's finding on this point shall be adopted. A person may be arrested and remanded in custody on the application of the Court, even if the conditions set out in sections 170 a and 171 of the Criminal Procedure Act are not fulfilled.

A person who has been arrested has the right to apply for interim release pending surrender. The said person may be granted interim release if the Rome Statute’s conditions for so doing are fulfilled. Before the court releases the said person, the Court shall be notified and given the opportunity to make recommendations.

§ 16. Amendments to other Acts

The Act of 13 June 1975 No. 39 relating to the surrender of offenders etc. is amended as follows:

Section 15, first sentence, shall read:
In order to further the investigation and ensure surrender of the person sought, such coercive measures as are mentioned in chapters 14, 15, 15 a, 16, 16 a and 16 b of the Criminal Procedure Act may be applied to the same degree as in cases concerning crimes of a similar nature that are prosecuted in the realm.

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.