IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

The Proceeding Before the Investigative Judge

Article 24

The competent Investigative Judge to whom the arrested accused person has been brought (Article 23, paragraph 2) shall inform the accused person about his/her rights, interrogating him/her thereupon, in accordance with the provisions of the Criminal Procedure Code, about the circumstances contained in the request made by the International Criminal Court.

If the Investigative Judge establishes that the accused is the person referred to in the request of the International Criminal Court, the former shall pass a ruling on custody for the person concerned.

Within a period of 24 hours from the moment of receipt of such ruling the accused person and his/her Defence Counsel may appeal against the ruling referred to in paragraph 2 of this Article, which shall be addressed by the competent Chamber.

Custody ordered by the Investigative Judge's ruling may not exceed one month, whereas the competent Chamber may by decision, at the motion of the Public Prosecutor containing a rationale, extend this period for a maximum of another two months.

During the interrogation the Investigative Judge shall specifically establish whether or not the accused person consents to voluntarily appear before the International Criminal Court. Should the accused person confirm it in a special document, at the same time renouncing all legal remedies in the surrender procedure, the Investigative Judge shall pass a ruling on custody only if some of the reasons specified in the Criminal Procedure Code exist. The accused person shall otherwise be released with the setting of a bond, forbidden to leave the place of residence, and/or imposed other measures to ensure the presence of the accused person and an unimpeded conduct of the criminal proceeding, specified in the Criminal Procedure Code.

The Investigative Judge shall promptly inform the Ministry about the consent of the accused person which will, in turn, undertake required measures for the accused person to appear before the International Criminal Court without delay.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Release from Custody of the Accused Person Provisionally Arrested

Article 25

Having ruled on custody upon request of the International Criminal Court for provisional arrest of the accused person, the Investigative Judge shall immediately inform the Ministry about it, in accordance with Article 92 of the Statute.

Should the International Criminal Court fail to submit the request for surrender of the accused person referred to in paragraph 1 of this Article within a period specified in the Rules of Procedure and Evidence or should it fail to present required evidence and documents, the ruling on imposing custody shall cease to be in force. The Ministry shall immediately inform the Investigative Judge about it who shall, without delay, pass a decision on releasing the accused person.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Decision Taking on the Request of the International Criminal Court

Article 26

Once a ruling on the request of the International Criminal Court has been passed, custody may be in force up to the point when the accused person is surrendered to the International Criminal Court, i.e. to the point when the ruling on refusing the request becomes final, within a period specified in the Constitution and law.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

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.
2. A person arrested shall be brought promptly before the competent judicial authority in the
custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person’s rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial
State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial
State shall consider whether, given the gravity of the alleged crimes, there are urgent and
exceptional circumstances to justify interim release and whether necessary safeguards exist to
ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be
open to the competent authority of the custodial State to consider whether the warrant of arrest
was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make
recommendations to the competent authority in the custodial State. The competent authority in
the custodial State shall give full consideration to such recommendations, including any
recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic
reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

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.