'Consent to surrender' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2 Surrender of Persons

§ 32 Streamlined Surrender
(relating to Article 92 para. 3 sentence 2 of the Rome Statute)

(1) The surrender of a person against whom there is an arrest warrant for surrender and as to whom the Court has requested arrest and surrender or provisional arrest, may be approved without implementing formal surrender proceedings when the suspect, after instruction by the court that is set forth in the court record of proceedings, declares his agreement with such streamlined surrender.
(2) The agreement cannot be rescinded.
(3) Upon motion of the public prosecution office attached to the Higher Regional Court, in cases under §§ 14 and 15, the judge of the District Court or otherwise the Higher Regional Court, shall instruct the suspect regarding the possibility of streamlined surrender and the legal consequences thereof (paragraphs 1 and 2) and shall enter its explanation into the record of proceedings. Jurisdiction lies with the judge of the District Court in whose district the suspect is located.

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)

(6) If the suspect does not raise any objections to the surrender, the judge of the District Court shall inform him of the possibility of streamlined surrender and its legal consequences (§ 33) and shall include the explanation in the record of proceedings.
Para. 2 sentence 5 applies mutatis mutandis.