Spans in 'Belgium Cooperation Act 2004' tagged with 'Provisional arrest

'Provisional arrest - consent to surrender' in document 'Belgium Cooperation Act 2004'

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More information about the keyword 'Provisional arrest - consent to surrender'
More information about the document 'Belgium Cooperation Act 2004'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER IV ARREST, TRANSFER, TRANSIT AND SURRENDER OF PERSONS TO THE COURT
SECTION III TRANSFER OF PERSONS ARRESTED

Article 17
A person under provisional arrest may consent to being transferred even if the conditions for his or her transfer have not been fulfilled. Consent must be established by written record in the presence of a member of the public prosecutor’s office, following a hearing by the latter to inform the person in question of his or her right to formal surrender proceedings. The person in question may be assisted by counsel at the hearing.

RELEVANT ROME STATUTE PROVISIONS

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.