Part 2
Surrender of Persons

§ 16
Decision on Detention, Suspension of Execution of Warrant of Arrest for Surrender
(relating to Article 59 para. 4-6 of the Rome Statute)

(1) The Higher Regional Court shall rule on objections of the suspect to the arrest
warrant for surrender or its execution.
(2) The Higher Regional Court may suspend the execution of an arrest warrant for
surrender that is based upon a request by the Court only under the conditions set forth in Article 59 para. 4 of the Rome Statute. The execution of an arrest warrant for surrender based upon § 11 para. 2 sentences 1 and 2 may be suspended when less drastic measures offer the protection that the arrest for surrender would also offer.
(3) Prior to a decision pursuant para. 1 or para. 2 sentence 1, the Court shall be given the opportunity to present its position. Any recommendations shall be considered in accordance with Article 59 para. 5 sentence 2 of the Rome Statute. To the extent that there is a deviation from a recommendation of the Court, the Court shall be presented with the reasons therefore and given the opportunity to present its position. If execution of the arrest warrant for surrender is suspended, the Court shall, upon request, be informed of the matter.
(4) § 116 para. 1 sentence 2, para. 4, §§ 116a, 123, and 124 para. 1, 2 sentence 1, para. 3 of the Criminal Procedure Code apply mutatis mutandis.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.