I BASIC PROVISIONS

Competence for Co-operation with the International Criminal Court and for the Execution of Decisions Thereof

Article 4

Once it has established that the request mentioned in paragraph 1 of this Article contains required data set forth in the Statute, the Ministry shall transmit it to the competent state authority to proceed as provided for by this Law.

Should the Ministry establish that the request mentioned in paragraph 1 of said Article does not contain required data set forth in the Statute, it shall return it to the International Criminal Court for completion and/or corrigenda.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Request by the International Criminal Court for Arrest and Surrender of the Accused Person or for Provisional Arrest of the Defendant

Article 20

The Ministry is obliged, within 8 days of the day of the receipt of the request referred to in paragraph 1 of this Article, to establish whether or not the request contains information and supporting documents in accordance with Article 91, i.e. Article 92 of the Statute.

Should it establish that the request mentioned in paragraph 1 of this Article does not contain specified information and supporting documents, particularly the data required to establish the identity of the accused person, the Ministry shall return the request to the International Criminal Court accompanied with instructions to complete the request, i.e. to correct it.

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.

Article 91
Contents of request for arrest and surrender
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.