'Release prior to surrender' in document 'Serbia - Law on cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Enforcement and Rulings on Surrender

Article 28

The Minister competent for the judiciary may provisionally postpone the enforcement of the ruling granting surrender of the accused person when it is necessary due to an illness of the accused person or for other justified reasons.

RELEVANT ROME STATUTE PROVISIONS

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.