Part 2 Surrender of Persons

§ 2 Principle
(relating to Article 89 para. 1 and Article 91 para. 2 and 3 of the Rome Statute)

Persons, the surrender of whom is requested by the International Criminal Court pursuant to the Rome Statute and who are located within the Federal Republic of Germany, shall be surrendered for criminal prosecution and execution of a sentence in accordance [with] the Rome Statute and this law.
Surrender for execution of a sentence, in agreement with the Court, may also be carried out by direct transfer of the suspect to the responsible authority in the state in which a prison sentence that has been imposed by the Court should be executed (state of enforcement).

§ 3 Requests for Surrender and Earlier Criminal Proceedings Before the Court or in a Foreign State
(relating to Article 89 para. 2 sentence 1 of the Rome Statute)

During the surrender proceedings, if the suspect makes a statement that he has already been convicted or acquitted by the Court or a court in another state of the criminal act that is the basis of the surrender request from the Court, the office to which the statement was made by the suspect, notwithstanding § 68 para. sentence 3 and 4, shall immediately inform the public prosecution office attached to the Higher Regional Court. The Higher Regional Court shall temporarily stay the surrender proceedings in accordance with Article 89 para. 2 sentence 3 of the Rome Statute, until the Court reaches a decision regarding permissibility. The suspect will not be surrendered when the Court rules that the implementation of a criminal proceeding is not permissible.

§ 4 Requests for Surrender and Requests for Extradition
(relating to Article 90 of the Rome Statute)

(1) If a foreign state requests extradition of a person on the basis of a criminal act over which the Court has jurisdiction, the Court may be informed of the submission of the request. Upon request, the Court will be given a copy of the extradition request and the accompanying documents, when the foreign state does not object to the transmittal and the transmittal does not contradict other international law agreements.
(2) Should the Court request surrender and a foreign state request extradition of the same person, the Court and the state will each be notified of the other request. If the request for surrender and the request for extradition are each based upon the same criminal act, this shall be included in the notification required in the first sentence.
(3) If extradition has not been approved at the time of receipt of the request of the Court for surrender, the decision regarding this will be deferred conditional upon paragraph 5 until a decision regarding approval of the surrender. The decision regarding which request will be given priority will be made in accordance with Article 90 para. 2, 4, and 7 (a) of the Rome Statute.
(4) In cases under Article 90 para. 2-6 of the Rome Statute, after approval of the request for surrender the decision on the approval of extradition shall be deferred until a final decision in the proceedings before the Court regarding the criminal acts upon which the request for surrender was based.
(5) In a case under Article 90 para. 5 of the Rome Statute, if the Court has not decided on permissibility within two months after the notification pursuant to Article 90 para. 1 of the Rome Statute, a decision may be made regarding approval of the extradition when the other prerequisites are met.
(6) In cases under Article 90 para. 6 and 7 (b) of the Rome Statute, the request of the Court will be given priority to the extent that, when considering all of the criteria in these provisions, the reasons in favor of approving the extradition request are not clearly predominant.
(7) The Court will be notified in all cases of the decision regarding the extradition request.

§ 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.

§ 6 Approval of Surrender

The surrender, except in the case of § 32, shall only be approved when the court has declared it permissible.

§ 7 Subject Matter Jurisdiction

(1) The Higher Regional Court shall pass judgment in the absence of other agreement. Judgments of the Higher Regional Court are non-appealable.
(2) The public prosecution office attached to the Higher Regional Court shall prepare the decision regarding the surrender and shall implement approved surrenders.

§ 8 Venue

(1) Venue lies with the Higher Regional Court and the public prosecution office attached to the Higher Regional Court in whose district the suspect is apprehended for the purpose of surrender or, when there has been no apprehension, where the first investigation took place.
(2) If multiple suspects, because of participation in the same criminal act or in connection therewith, are captured or investigated in the districts of different Higher Regional Courts for the purpose of surrender, venue is determined by which Higher Regional Court was first involved is or, when none was yet involved, by which public prosecution office attached to the Higher Regional Court was first involved.
(3) When the whereabouts of the suspect is unknown, venue is determined by the seat of the federal government.

§ 9 Investigation Measures
(relating to Article 59 para. 1 of the Rome Statute)

(1) After receipt of a request by the Court for arrest and surrender based upon Article 89 para. 1 of the Rome Statute or provisional arrest based upon Article 92 para. 1 of the Rome Statute, measures necessary for determination of the whereabouts of the suspect as well as for arrest of the suspect shall be taken. The provisions in para. 9a of Part One of the Criminal Procedure Code (Strafprozessordnung) apply mutatis mutandis.
(2) No special request by the Court is required for ordering individual investigation measures. The public prosecution office attached to the Higher Regional Court is responsible [for] issuing an arrest notice.

§ 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.

§ 11 Provisional Detention of Persons to be Surrendered
(relating to Article 59 para. 1 and 10 Article 92 of the Rome Statute)

(1) When there is a request of the Court for provisional arrest accompanied by the documents set forth in Article 92 para. 2 of the Rome Statute, provisional detention for surrender shall be ordered. The order of detention for surrender shall be rescinded when the suspect has been detained for a total of 60 days for the purpose of the surrender since the day of capture or provisional arrest without a request by the Court for arrest and surrender, nor presentation of the documents required by the Statute to the office responsible pursuant to § 68 para. 1, nor a declaration by the suspect within this deadline of his agreement with streamlined surrender (§ 33).
(2) Prior to receipt of the request for arrest and surrender or a request for provisional arrest, provisional detention for surrender may be ordered when the person has committed an act that would subject him to surrender to the Court and based upon certain criminal acts there is strong suspicion, and
1. danger exists that the suspect will flee prior to the surrender proceedings or implementation of the surrender, or
2. based upon certain criminal acts strong suspicion exists that the suspect will hinder the investigation of the truth in the Court’s proceedings or hinder the surrender proceedings.
Regarding a suspect against whom there is a strong suspicion of genocide (Article 6 of the Rome Statute) or crimes against humanity (Article 7 of the Rome Statute), provisional detention for surrender may also be ordered when certain criminal acts provide a basis that, without arrest of the suspect, the explanation of the acts that the suspect is accused of committing could be endangered. The appropriate measures should be used to ensure that the office responsible pursuant to § 68 para. 1 can inform the Court of the order of detention pursuant to sentence 1 or 2.
(3) Any request of arrest for surrender pursuant to para. 2 shall be rescinded when the Court states that it does not want to make a corresponding request or the suspect, since the day of capture or provisional arrest, has spent one month in detention based upon the surrender, without a request by the Court for arrest and surrender or for provisional arrest having been received by the office responsible pursuant to § 68 para. 1. Upon receipt of a request by the Court for arrest and surrender or for provisional arrest, the deadline referred to in para. 1 sentence 2 shall be applied.

§ 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.

§ 13 Provisional Arrest

(1) When the prerequisites for an arrest warrant for surrender have been fulfilled, the public prosecution office and the officers of the police force are authorized to effect the provisional arrest. In accordance with the conditions set forth in § 127 para. 1 sentence 1 of the Criminal Procedure Code, any person is entitled to conduct a provisional arrest.
(2) If the suspect is taken into custody, he shall be informed of the reason therefore.
(3) When an arrest warrant for surrender exists, the suspect must be promptly informed thereof. The suspect is to be given a copy.

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

(1) If the suspect is captured based upon an arrest warrant for surrender, the suspect must be brought without delay, at the latest on the day after capture, before a judge of the next District Court (Amtsgericht).
(2) The judge of the District Court will examine the suspect promptly after the presentation, at the latest on the next day, regarding his personal circumstances, in particular, regarding his citizenship. He shall inform him, that in each phase of the proceedings he may use legal assistance (§ 31) and that it is up to him whether or not to make statements regarding the criminal act he is accused of committing. He shall then inform the suspect that he may apply for suspension of execution of the
arrest warrant for surrender, as well as that he may at any time approach the Court regarding its arrest warrant, and he shall question him as to whether and, if necessary, upon which grounds, he seeks to raise objections to the surrender; § 41 para. 5 sentence 1 applies mutatis mutandis. In cases under § 11 para. 2 the examination also extends to the topic of the charge; in most cases, information
provided by the suspect shall be included in the record of proceedings. Provided that the Court requests, it shall be provided with a copy of the record of proceedings.
(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.
(4) If the detention order has been rescinded or its execution suspended, the judge of the District Court shall order that the suspect is to remain in custody until a decision by the Higher Regional Court has been made when:
1. the prerequisites for a new arrest warrant for surrender based upon the criminal act exist or
2. there is a basis to order execution of the arrest warrant for surrender.
The public prosecution office attached to the Higher Regional Court shall promptly obtain a [decision] of the Higher Regional Court.
(5) If the suspect files a motion to quash execution of the arrest warrant for surrender or raises other objections to the arrest warrant for surrender or its execution that are not obviously unfounded, or if the judge at the District Court has reservations about maintaining the detention, notwithstanding § 68 para. 3 sentences 3 and 4, he shall promptly inform the public prosecution office attached to the Higher Regional Court. The public prosecution office attached to the Higher Regional Court shall promptly obtain a decision of the Higher Regional Court; § 16 para. 2-4 apply mutatis mutandis.
(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.
(7) The decision of the judge of the District Court is non-appealable.

§ 15 Procedure After Provisional Arrest

(1) If the suspect is provisionally arrested, he shall be brought without delay, at the latest on the day after arrest, before a judge of the next District Court (Amtsgericht).
(2) § 14 para. 2 applies mutatis mutandis to the examination of the suspect.
(3) If the examination reveals that the captured person is not the person to which the request or the criminal acts within the meaning of § 11 para. 2 relate, the judge of the District Court shall order his release. Otherwise the judge of the District Court shall order that the suspect shall remain in detention until there is a decision by the Higher Regional Court. The public prosecution office attached to the Higher Regional Court shall promptly obtain a decision of the Higher Regional Court; participation of
the Court shall be in accordance with Article 59 para. 4-6 of the Rome Statute. § 14 para. 5-7 apply mutatis mutandis.

§ 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.

§ 17 Review of Detention

If the suspect is in detention for surrender or provisional detention for surrender, the Higher Regional Court shall rule on suspension of execution of the arrest warrant for surrender when the suspect, since the day of capture, provisional arrest, or the last prior decision on the execution of the arrest warrant for surrender, has been in detention on the basis of the surrender for a total of two months. Review of the arrest warrant for surrender will be repeated every two months. The Higher Regional Court may order that review of the arrest warrant for surrender take place within a shorter time-frame. § 16 para. 2 and 3 apply mutatis mutandis.

§ 18 Execution of Detention
(1) As to temporary detention for surrender, detention for surrender, and detention based upon an order of a judge of the District Court, the provisions of the Criminal Procedure Code (Strafprozessordnung), the Prison Act (Strafvollzugsgesetz), and if the suspect is an adolescent, the Juvenile Court Act (Jugendgerichtsgesetz), apply mutatis mutandis regarding execution of the pretrial custody.
(2) The public prosecution office attached to the Higher Regional Court determines the institution where the suspect will be held.
(3) Judicial orders shall be issued by the chairperson of the responsible senate attached to the Higher Regional Court.

§ 19 Examination of the Suspect

(1) Upon receipt of the request for arrest and surrender, the Higher Regional Court shall examine the suspect when he does not state his acceptance of streamlined surrender (§ 32).
(2) The Higher Regional Court shall examine the suspect regarding his personal circumstances, in particular, regarding his citizenship. § 14 para. 2 sentences 2 and 3 apply mutatis mutandis. The suspect shall be examined regarding the charge when moved for by the public prosecution office attached to the Higher Regional Court; in most cases, the information provided by the suspect shall be included in the record of proceedings. § 14 para. 2 sentence 5 and para. 6 apply mutatis mutandis.

§ 20 Permissibility Proceedings

(1) If the suspect does not state his agreement with streamlined surrender (§ 32), the public prosecution office attached to the Higher Regional Court shall apply for a ruling by the Higher Regional Court whether the surrender is permissible.
(2) If the surrender documents are insufficient to judge the permissibility of the surrender, the Higher Regional Court shall rule only after the Court is given the opportunity to provide additional documentation.
(3) The Higher Regional Court may examine the suspect. It may collect additional evidence on the permissibility of the surrender and conduct an oral hearing. The form and scope of the taking of evidence is determined by the Higher Regional Court, without being bound by motions, waivers, or earlier decisions.

§ 21 Conduct of the Oral Hearing

(1) The public prosecution office attached to the Higher Regional Court, the suspect, and his legal assistance (§ 31) shall be informed of the place and time of the oral hearing. A representative of the public prosecution office attached to the Higher Regional Court and the legal assistance ordered for the suspect must be present at the oral hearing. Members of the Court and the suspect’s defense counsel in the proceedings before the Court may be allowed to be present and to propose questions.
(2) If the suspect is in detention he is to be brought before the court, unless he has waived his presence at the hearing or his presence is impaired by sickness, intentionally-produced incapacity, absence due to illegal conduct, or another obstacle for which the suspect is liable and which cannot be eliminated.
(3) If the suspect is at large, the Higher Regional Court shall, at regular intervals, order his personal appearance, as long as there are no significant reasons against such an order. If the suspect does not appear as properly ordered and his absence is not sufficiently excused, the Higher Regional Court shall order his appearance and shall implement the measures necessary to secure a later surrender.
(4) Participants who are present at the oral hearing shall be heard. A record shall be made of the hearing. § 14 para. 2 sentence 5 applies mutatis mutandis.

§ 22 Decision on Permissibility

Reasons must be provided for a decision regarding the permissibility of the surrender. The public prosecution office attached to the Higher Regional Court, the suspect, and his legal assistance (§ 31) shall be informed thereof. The suspect shall receive a copy.

§ 23 Renewed Decision on Permissibility

(1) Should circumstances arise after the decision of the Higher Regional Court on the permissibility of the surrender that support a different decision on the permissibility, the Higher Regional Court upon its own motion, upon motion of the public prosecution office attached to the Higher Regional Court, or upon motion of the suspect, shall again rule upon the permissibility of the surrender.
(2) If, after the decision of the Higher Regional Court, circumstances become known that support a different decision on the permissibility, the Higher Regional Court may again rule on the permissibility of the surrender. Paragraph 1 applies mutatis mutandis.
(3) Paragraphs 1 and 2 apply mutatis mutandis in the case where the suspect has agreed to streamlined surrender, with the exception that instead of a decision of the Higher Regional Court, the statement by the suspect of his agreement with streamlined surrender applies.
(4) § 20 para. 3, §§ 21 and 22 apply mutatis mutandis.
(5) The Higher Regional Court may order a postponement of the surrender.

§ 24 Detention for Execution of Surrender

If the execution of an arrest warrant for surrender is stayed, the Higher Regional Court shall order execution after approval of the surrender, to the extent no significant grounds against the detention exist and the implementation of the surrender is in some other way ensured.

§ 25 Speciality
(relating to Article 101 of the Rome Statute)

(1) As to a suspect surrendered to it, the Court may, in accordance with Article 101 para. 2 of the Rome Statute, prosecute, punish, or impose a limitation on his personal freedom, for criminal acts other than the one for which the surrender was approved, to the extent the criminal acts are within its jurisdiction.
(2) If a foreign state successfully challenges the permissibility of the criminal proceedings before the Court in accordance with Article 19 in conjunction with Article 17 para. 1(a) of the Rome Statute and if the Court intends, therefore, to surrender the suspect to the authorities of that state, para. 1 is not applicable. In this case, the Court shall be promptly requested to return the surrendered person. The extradition law provisions apply to further proceedings.
(3) Para. 1 is also not applicable insofar as a foreign state requests of the Court, of the state in whose sovereign territory the Court has its seat (Host State, Article 3 of the Rome Statute) or of the state of enforcement, the extradition, temporary extradition, deportation, or other transfer to its sovereign territory for criminal prosecution, execution of a sentence, or other sanction. Return of the suspect shall be requested of the Court when adherence to the extradition law provisions applicable to the requesting state cannot be guaranteed in some other way.

§ 26 Request for Surrender After Previous Extradition

(1) If the extradition of a suspect to a foreign state has taken place and the Court requests approval for prosecution or execution of a sentence, approval shall be granted when:
1. it has been shown that the suspect had the opportunity to respond to the request and that the Higher Regional Court had decided that because of the criminal act the surrender would be permissible, or
2. it has been shown that the suspect has stated on the record of the proceedings of a judge of the Court or the state to which he was extradited, his agreement with prosecution or with execution of a sentence, and because of the criminal act the surrender would have been permissible. If the request is based upon the same criminal act, the Court shall be notified thereof.
(2) § 20 para. 1 applies to the proceeding, provided that, in place of the suspect’s acceptance of streamlined surrender, he agrees within the meaning of para. 1 sentence 1 number 2, as well as § 20 para. 2 and 3 sentences 2 and 3, § 21 para. 1, 2 sentence 2, para. 4, §§ 22, 23 para. 1 and 2 as applicable. The Higher Regional Court that was responsible in the extradition proceedings for a decision on the permissibility of the extradition is responsible for judicial decisions pursuant to para. 1 sentence 1 number 1.
(3) If the extradition has not yet occurred, approval of a request of the type set forth in para. 1 will be granted when, because of the criminal act, surrender to the Court would have been permissible. Para. 1 sentence 2 applies mutatis mutandis.
§§ 19-23 apply to the proceedings mutatis mutandis.

§ 27 Temporary Surrender
(relating to Article 89 para. 4 of the Rome Statute)

(1) If the approved surrender is postponed because there is a domestic criminal proceeding against the suspect or incarceration or measures for the prevention of crime and the reformation of offenders (Maßregel der Besserung und Sicherung) are to be executed, the suspect may be temporarily surrendered when the Court guarantees to return him at a particular point in time.
(2) Return of the suspect may be waived.
(3) If, in the proceedings for which the surrender was postponed, a fixed term of incarceration or a fine is imposed, the detention served up until the return or a waiver of return will be set-off in the proceedings before the Court. If the surrender is postponed because a fixed term of imprisonment is to be enforced against the suspect, the first sentence applies as appropriate.
(4) The office responsible for calculating the time spent in custody referred to in para. 3 shall determine the standards at its own discretion after a hearing with the public prosecution office attached to the Higher Regional Court. It may order that the set-off either completely or partially not occur when:
1. the deprivation of liberty ordered by the Court already completely or partially accounts for a punishment imposed or to be enforced by it, or
2. the set-off, in light of the conduct of the suspect after his surrender, is not justified.

§ 28 German Criminal Proceeding and Request for Surrender

(1) If a criminal proceeding based upon a criminal act set out in Article 5 of the Rome Statute takes place domestically and the Court has declared to the Federal Ministry of Justice or another office responsible pursuant to § 68 para. 1 that in the event the German proceeding is discontinued it will seek a surrender of the suspect, the public prosecutor may refrain from prosecution when it appears to be in the public interest, based upon extraordinary reasons against domestic criminal prosecution. If the public charges have already been preferred, the court may, upon a corresponding request by the public prosecution office, temporarily discontinue the criminal proceedings at any stage. The decision whether to approach the Court for an explanation within the meaning of the first sentence, is within the competency of the office responsible pursuant to § 68 para. 1.
(2) If provisional detention for surrender of the suspect is ordered pursuant to § 11 para. 2 and the Court has not requested provisional arrest within the deadline foreseen in § 11 para. 3, the proceedings will be resumed. The proceedings will also be resumed when provisional detention for surrender of the suspect has been ordered based upon a request for provisional arrest pursuant to § 11 para. 1 sentence 1 and the Court has not requested arrest and surrender within the deadline set forth in § 11 para. 1 sentence 2. If the court has temporarily discontinued the proceedings, a court decision is required for resumption. Nothing shall hinder a discontinuance in accordance with para. 1 of a proceeding that had previously been resumed.
(3) The decision to discontinue proceedings and the decision to resume proceedings are non-appealable.
(4) The costs and necessary expenses shall be decided in the final accounting of the proceedings before the Court. §§ 464-473 of the Criminal Procedure Code apply mutatis mutandis.

§ 29 Surrender of Objects in the Surrender Proceedings

(1) In connection with a surrender, objects may be surrendered to the Court without special request pursuant to § 51 when:
1. it can be used as evidence in the proceedings before the Court, or
2. it was obtained by the suspect or a participant directly or indirectly from the criminal act for which the surrender was approved, or could have been obtained as payment for such objects.
(2) The surrender is only permissible when it is guaranteed that the rights of third parties remain [un]affected and with the reservation that surrendered objects will be promptly returned upon demand.
(3) Under the prerequisites in para. 1 and 2, objects may also be surrendered when the approved surrender cannot be executed upon on account of factual reasons.
(4) The Higher Regional Court shall rule on the permissibility of the surrender, an objection of the suspect, a motion of the public prosecution office attached to the Higher Regional Court, or a motion of a person who asserts that the surrender would result in injury to his rights. If the Higher Regional Court declares the surrender permissible, costs to the public treasury may be awarded against the party who moved for the decision. The release shall not be approved when the Higher Regional Court has declared it impermissible.
(5) To the extent the objects to be surrendered contain personal data of the suspect, upon surrender it shall be indicated that the data may only be used to fulfill the duties of the Court as set forth in the Statue. If personal data of third parties is so connected to the personal data of the suspect that separation is not possible or is possible only with unjustifiable effort, the transfer of this data is also permissible, as long as the justified interests of the suspect or a third party to their secrecy is not apparently greater.

§ 30 Search and Seizure

(1) Objects under consideration for surrender to the Court may be seized or otherwise secured even prior to receipt of the request for surrender. To this end, a search may also be undertaken.
(2) The Higher Regional Court that is responsible for the surrender proceedings is responsible for ordering the measures in para. 1. It is also responsible for ordering measures regarding objects that are located outside of its district. § 7 para. 1 sentence 2 and para. 2 apply mutatis mutandis.
(3) If there is a danger in delay, the public prosecution office and its assistant officers (§ 152 of the Judicature Act (Gerichtsverfassungsgesetz)) are authorized in accordance with the provisions of the Criminal Procedure Code to order a search and seizure.

§ 31 Legal Assistance

(1) The suspect may, at any stage of the proceedings, use legal assistance.
(2) An attorney will be ordered as the legal assistance for a suspect who has not chosen legal assistance at the latest after the first examination pursuant to § 14 para. 2 also in connection with § 15 para. 2.
(3) The provisions of Chapter 11 of Part One of the Criminal Procedure Code, with the exception of §§ 140, 141 para. 1-3, and 142 para. 2, apply mutatis mutandis.

§ 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.

§ 33 Appeal to the Federal Supreme Court

(1) If the Higher Regional Court considers a decision of the Federal Supreme Court necessary to clarify a legal question of fundamental importance or it seeks to deviate from a decision of the Federal Supreme Court or a decision of a different Higher Regional Court regarding a legal question on surrender issues with the International Criminal Court, it shall provide reasons for its position and shall request a decision of the Federal Supreme Court on the legal question.
(2) The decision of the Federal Supreme Court will also be requested when the Federal Public Prosecutor or the public prosecution office attached to the Higher Regional Court moves for clarification of a legal question.
(3) The Federal Supreme Court shall give the suspect the opportunity to comment. The decision shall be made without an oral hearing.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.