CRIMINAL PROCEDURE CODE

PART II
ON ORDINARY PROCEDURES

TITLE I
ON INVESTIGATION

CHAPTER I
GENERAL PROVISIONS

SECTION III
DETENTION

Article 217
Purpose

1. Detention as referred to in the following articles is carried out for the purpose of :

(a) within seventy two hours, bringing the person under detention to court in an expedited proceeding or presenting that person to the judge for his or her first judicial questioning or for the imposition of a restrictive measure ; or

(b) ensuring that the person under detention is immediately brought before the judicial authority in a procedural act or, this not being feasible, at the earliest opportunity, but under no circumstances shall it be done after the seventy-two-hour deadline.

2. The judge may order the detention of any procedural participant other that a legal practitioner, magistrate or public defender as a means of ensuring the immediate appearance of that person in a procedural act from which he or she has been absent without justification.

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.