Part 2
Surrender of Persons

§ 14
Procedure After Capture Based Upon an Warrant of Arrest for Surrender
(relating to Article 59 para. 2 of the Rome Statute)

(3) If the examination shows that:
1. the captured person is not the person referred to in the arrest warrant for
surrender,
2. the arrest warrant for surrender has been revoked, or
3. execution of the arrest warrant for surrender has been suspended, the judge of the District Court shall order release. The decision shall be issued after a hearing by the public prosecution office attached to the Higher Regional Court that is responsible for ruling on the permissibility of the surrender.

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.