'Interim release pending surrender' in document 'France: ICC Law - Code of Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS

Article 627-9

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

The investigating chamber of the Appeal Court of Paris can be requested to grant the detainee’s release at any time, and proceeds in accordance with article 59 of the Statute and the procedure provided for in articles 148-1 onwards of the present Code.
The investigating chamber rules in a decree given in open court, justified by reference to the provisions of paragraph 4 of the aforementioned article 59.

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS

Article 627-11

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

The provisions of articles 627-4 to 627-10 are also applicable if the wanted person has been prosecuted or convicted in France on charges other than the ones specified in the International Criminal Court’s application. However, in these circumstances the detainee cannot benefit from being released in accordance with articles 627-6, 627-9 and the second paragraph of article 627-10.
The transfer of proceedings before the International Criminal Court suspends the prescription of the prosecution and the sentence in relation to the person concerned.

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.