'Interim release pending surrender' in document 'Poland - Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Article 257.
§ 2. In applying pre-trial detention, the court may reserve that the measure will be amended when an agreed bail is posted with the court within the prescribed time-limit.

Article 259. If there are no special reasons to the contrary, pre-trial detention should be waived, particularly if depriving the accused of his liberty :

(1) might seriously jeopardise the life or health of the accused, or
(2) would entail an excessive burden on the accused or his next of kin.

§ 2. Pre-trial detention shall not be applied, when the facts of the case permit presumption that the court will sentence the accused to the penalty of deprivation of liberty with conditional suspension of its execution, or to a milder penalty, or that the term of preventive detention would exceed the expected sentence of deprivation of liberty without a conditional suspension.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.