Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 8

INSTITUTING CRIMINAL PROCEEDINGS

Article 96. Surrender

Surrender refers to personal, voluntary written or oral statement the offender makes to the inquiry agency, inquirer, investigator, prosecutor, judge, or court about crime he/she has committed or prepared to commit, such statement being made before instituting criminal proceedings against such offender. Whenever criminal proceeding has been already instituted based on the presence of indicia of crime, the offender should make such statement before the decision to prosecute him/her is taken.

Oral statement is entered in the record where information on the offender and contents of his/her statement are narrated in the grammatical category of the 1st person singular. The record is signed by the offender and official who drew up the record.

If oral statement of surrender is made in court session, information on the offender and contents of his/her statement are entered on the record of court session and signed by the offender. Presiding judge transmits an excerpt from the record of court session to the appropriate prosecutor within three days.

Written statement of surrender has to be signed by the offender and the official from the inquiry agency, inquirer, investigator, or prosecutor who received such statement, with indication of the date of its receipt.

(Article 96 as revised by Law No 3082-III (3082-14) of 07.03.2002).

Article 92
Provisional arrest
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.