Part 2 Surrender of Persons

§ 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 The order of detention for surrender shall be rescinded when the suspect has been detained for a total of 60 days for the purpose of the surrender since the day of capture or provisional arrest without a request by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).

Part 2 Surrender of Persons

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


(3) An of arrest for surrender pursuant to para. 2 shall be rescinded when the Court states that it does not want to make a corresponding request or the suspect, since the day of capture or provisional arrest, has spent one month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.

Part 2 Surrender of Persons

§ 28 German Criminal Proceeding and Request for Surrender

(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.

Part 2
Surrender of Persons

§ 15
Procedure After Provisional Arrest

(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.

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.