Part 2 Surrender of Persons

§ 5 Documents for Surrender of Persons
(relating to Article 91 para. 2 and 3 and Article 111 of the Rome Statute)

(1) Surrender of a person is only permissible when the documents set forth in Article 91 para. 2 of the Rome Statute (surrender for criminal prosecution) or in Article 91 para. 3 of the Rome Statute (surrender for execution of sentence) are submitted.
If the request for surrender is for the prosecution of more than one criminal act, a document by the Court detailing the alleged criminal act of the suspect will suffice instead of an arrest warrant for those additional acts. In the documents described in Article 91 para. 2 (c) of the Rome Statute, the applicable provisions shall be set forth.
To the extent regulations of the Rome Statute are at issue, it shall be sufficient to name these provisions.
(2) The execution of the approved surrender for execution of a sentence by the state of enforcement (§2 para. 2) is permissible only when, in addition to the documents named in Article 91 para. 3 of the Rome Statute:
1. a certificate of the state of enforcement, in which its agreement with the enforcement is stated or a declaration of the Court that the state of enforcement is in agreement with the enforcement is presented, and
2. the Court, in its request or the accompanying documents, has stated its agreement with the surrender of the suspect by the German authorities to the state of enforcement.

Part 2 Surrender of Persons

§ 12 Warrant of Arrest for Surrender

(1) Provisional detention for surrender and detention for surrender shall be ordered based upon a written arrest warrant (Überstellungshaftbefehl) by the Higher Regional Court.
(2) The written arrest warrant for surrender shall state:
1. the suspect,
2. the alleged criminal acts of the suspect,
3. the request and the accompanying surrender documents or, in the case of § 11 para. 2 sentence 1 or 2, the reason for detention and the criminal acts that are the basis therefore, as well as the acts from which arises a strong suspicion that the suspect committed an act upon which his surrender may be based.
(3) A written arrest warrant for surrender shall be rescinded when the request is withdrawn, the Court states that proceedings upon which the surrender request is based are impermissible, or the surrender has been declared impermissible.

Part 2
Surrender of Persons

§ 10
Detention of Persons to be Surrendered
(relating to Article 59 para. 1 of the Rome Statute)

Upon receipt of the request for arrest and surrender along with the documents required for surrender for criminal prosecution pursuant to Article 91 para. 2 of the Rome Statute or for surrender for execution of sentence pursuant to Article 91 para. 3 of the Rome Statute, detention of the suspect prior to surrender shall be ordered.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:
(a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and
(b) The arrest of the person appears necessary:
(i) To ensure the person's appearance at trial;
(ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings; or
(iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
2. The application of the Prosecutor shall contain:
(a) The name of the person and any other relevant identifying information;
(b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;
(c) A concise statement of the facts which are alleged to constitute those crimes;
(d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and
(e) The reason why the Prosecutor believes that the arrest of the person is necessary.
3. The warrant of arrest shall contain:
(a) The name of the person and any other relevant identifying information;
(b) A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and
(c) A concise statement of the facts which are alleged to constitute those crimes.
4. The warrant of arrest shall remain in effect until otherwise ordered by the Court.
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.
6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.
7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial
Chamber is satisfied that there are reasonable grounds to believe that the person committed the
crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the
summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:
(a) The name of the person and any other relevant identifying information;
(b) The specified date on which the person is to appear;
(c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and
(d) A concise statement of the facts which are alleged to constitute the crime.
The summons shall be served on the person.

Article 91
Contents of request for arrest and surrender
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements
between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.
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.

This provision follows the ICC Statute.