'Arrest for ICC proceedings - obligation' in document 'Ukraine - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 136. Compulsory appearance under law

Compulsory appearance under law of the accused is ensured by Interior agencies and Military Justice Service of the Military Forces of Ukraine (with regard to servicemen and civil employees of the Military Forces of Ukraine) upon a motivated decision of the investigator. Save exceptional circumstances, compulsory appearance under law of the accused is ensured during daytime.
Compulsory appearance under law of the accused without pre-trial summons may be applied only if the accused avoids investigation or does not have a permanent place of residence. Decision on the compulsory appearance under law is read out to the accused before its enforcement.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 139. Retrieval of the accused

Investigator draws up a decision on the retrieval of the accused in which he/she states required information on the wanted person. Decision on the retrieval and imposition of a measure of restraint is directed to appropriate detective agencies.

After announcing retrieval, investigator continues taking all necessary measures to find out
the place of stay of the accused.

After having apprehended the wanted accused in whose respect keeping in custody as a measure of restraint was imposed, detective agency immediately informs thereon the prosecutor in the place of apprehension. The prosecutor is required to verify within 24 hours whether the apprehended person is really the one who is wanted and, after making himself/ herself sure that grounds for the arrest do exist, issues a sanction to convoy the arrested person to place where investigation is conducted.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.