Spans in 'Serbia - Law on cooperation with ICC' tagged with 'Contents of request for provisional arrest'

'Contents of request for provisional arrest' in document 'Serbia - Law on cooperation with ICC'

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More information about the keyword 'Contents of request for provisional arrest'
More information about the document 'Serbia - Law on cooperation with ICC'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

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.

RELEVANT ROME STATUTE PROVISIONS

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 92
Provisional arrest
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.