Part One
GENERAL PROVISIONS

Chapter VIII
MEASURES FOR ENSURING THE PRESENCE OF THE ACCUSED PERSON AND FOR A PEACEFUL CONDUCTING OF THE CRIMINAL PROCEDURE

3. APPREHENSION

Warrant for apprehension

Article 165
(1) The Court or State Prosecutor may order the accused person to be apprehended if the duly summoned accused person has failed to appear without justification, or if the summons could not have been orderly serviced and the circumstances obviously indicate that the accused person is evading the service of summons or if an ruling of detention has been issued.

(2) The police authorities shall execute a warrant for apprehension.

(3) A warrant for apprehension shall be issued in written form. A warrant should contain : name and surname of the accused that is to be apprehended, place and year of birth, statutory title of the criminal offence s/he is charged with, the provision of the Criminal Code prescribing that offence stated, grounds for ordering the apprehension, an official stamp and a signature of the judge or State Prosecutor ordering the apprehension.

(4) The person entrusted with the execution of the warrant shall serve the warrant to the accused person and shall ask the accused person to accompany him/her. If the accused persons refuse to comply they shall be apprehended by force.

(5) The warrant for apprehension issued against military personnel, members of the police authorities and penitentiary staff shall be executed by their headquarters or institution .

Part One
GENERAL PROVISIONS

Chapter VIII
MEASURES FOR ENSURING THE PRESENCE OF THE ACCUSED PERSON AND FOR A PEACEFUL CONDUCTING OF THE CRIMINAL PROCEDURE

6. DETENTION

Exceptional reasons for ordering detention and Urgency of Proceedings in Cases of Detention

Article 174
(1) Detention may be ordered only under the conditions set forth in this Code and only if the same purpose cannot be achieved by another measure and it is necessary for a peaceful conduct of procedure.

(2) All authorities taking part in the criminal procedure and authorities providing them with legal assistance shall proceed with exceptional urgency if the accused person is in detention.

(3) Throughout the proceedings, detention shall be terminated as soon as the grounds for which it was ordered cease to exist.

Reasons for ordering detention

Article 175
(1) When reasonable suspicion exists that a certain person had committed a criminal offence, detention may be ordered against that person, if :

1) the persons hide or their identity cannot be established, or if other circumstances exist indicating a risk of flight ;
2) circumstances exist that indicate that they would destroy, hide, modify or fabricate evidence or traces of a criminal offence or indicate that they would hinder the procedure by influencing witnesses, accomplices or accessories by virtue of concealment ;
3) circumstances exist that indicate that the criminal offense would be repeated or attempted criminal offence completed or that they would commit the criminal offence they threaten to commit ;
4) in the case of the criminal offence punishable by imprisonment of ten years or a more severe punishment and especially grave due to the manner of commission and consequences and exceptional circumstances exist indicating that liberation would lead to a serious threat to the preservation of public order and peace ;
5) duly summoned defendants obviously evade appearing at the main hearing.

(2) In the case referred to in Paragraph 1, Item 1 of this Article, detention ordered only because it was not possible to establish the identity of the person shall last until this identity is established. In the case referred to in Paragraph 1, item 2 of this Article, detention shall be terminated as soon as evidence because of which detention was ordered are secured. Detention ordered pursuant to Paragraph 1, Item 5 of this Article may last until the publication of the judgment.

Ordering Detention, Contents of the Ruling on Detention and Right of Appeal against the Ruling

Article 176
(1) Detention shall be ordered upon the motion of the authorized prosecutor by a ruling issued by the competent Court, after a previous hearing of the accused person.

(2) The ruling ordering detention shall contain: first name and the surname, year and place of birth of the persons against whom detention is ordered, criminal offence they are charged with, the legal grounds for detention, the duration of detention, the time the person was deprived of liberty, instructions on the right to appeal, the statement of reasons as well as a statement of the grounds for ordering detention, the official seal and the signature of the judge ordering detention.

(3) The ruling ordering detentionshall be served on persons to whom it relates immediately after it is rendered. The day and the time the ruling was received shall be indicated in the files. Detained persons shall acknowledge the receipt of the ruling with their signature.

(4) Detainees and their defense attorneys may file an appeal against the ruling ordering detention to the panel referred to in Article 24, Paragraph 7 of the present Code within a term of 24 hours from the moment of the delivery of the ruling. The appeal, the ruling on detention and other files shall be submitted to the Panel immediately. An appeal shall not stay the enforcement of the the ruling.

(5) The State Prosecutor may lodge an appeal to the Panel referred to in Article 24, Paragraph 7 of the present Code Against the ruling rejecting the motion of the State Prosecutor to order detention to the accused person, within 24 hours as of the moment of serving the ruling. an appeal shall not stay the enforcement of the ruling.

(6) In cases referred to in paras. 4 and 5 of this Article, the Panel deciding on the appeal shall render a decision within 48 hours .

Ordering detention and duration of detention During Investigation

Article 177
(1) On basis of the ruling of the investigating judge, the accused person may be kept in detention at the longest one month from the day of deprivation of liberty. After this term has expired, the accused person may be detained only on the basis of a ruling extending detention.

(2) Detention may be extended on basis of the ruling of the Panel referred to in Article 24, Paragraph 7 of the present Code for no longer than two months and at the motion of the State Prosecutor containing a statement of reasons. An appeal against the ruling of the Panel shall be allowed but it shall not stay the enforcement of the ruling.

(3) If the procedure is conducted for a criminal offence punishable by imprisonment for a term of more than five years, the Panel of the Supreme Court may, upon a substantiated motion of the State Prosecutor, if important reasons exist, extend the detention for no longer than another three months.

(4) The accused person shall be released if the indictment has not been brought until the expiry of the terms referred to in Paragraphs 2 and 3 of the present Code.

Termination of detention

Article 178

(1) In the course of investigation, the investigating judge may terminate the detention at the motion of the State Prosecutor or of the accused persons, i.e. their defense attorney. An appeal to the ruling on the release from detention shall not stay the enforcement of the ruling.

(2) Before the adoption of the decision on the proposal of the accused person or defense attorney for the termination of detention, the investigative judge shall ask the opinion of the State Prosecutor.

Ordering and Supervising detention after the indictment Was brought

Article 179
(1) After the indictment has been submitted to the Court and up until the completion of the main hearing, detention may be ordered or terminated only by the ruling rendered by the Panel, provided that the opinion of the State Prosecutor is obtained if the proceedings are conducted upon his/her charges. Detention may last at the longest for three years from the issuing of indictment until the rendering of a first instance decision.

(2) Upon a motion of the parties or by virtue of office, the panel shall review whether the grounds for detention still exist and it shall issue a ruling extending or terminating detention, upon expiration every 30 days before the indictment has become final, and every two months from the moment the indictment becomes final.

(4) An appeal on the ruling referred to in Paragraphs 1 and 2 of this Article shall not stay the execution of the ruling and the court shall render a decision thereon within three days.

(5) An Appeal shall not be allowed against the ruling of the Panel referred to in paragraph 1 of this Article by which the motion to order or terminate detention is rejected.

Obligation to inform on deprivation of liberty

Article 180
(1) immediately after a person has been deprived of liberty and within a term of 24 hours at the latest, police authority, the State Prosecutor or the court shall inform the family of the detained persons or their extra-marital partner thereon, unless the detained persons expressly object thereto.

(2) A competent authority for social care shall be informed about the deprivation of liberty if necessary to take measures for the care of children and other family members to whom the person deprived of liberty is a guardian.

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.