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

Article 627-14

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

A person who has been taken into preventative custody under the conditions provided for in article 92 of the statute, and has not consented to be handed over to the court may be freed if the competent authorities in accordance with article 87 do not receive the official transfer request within the time limit set out by the international court’s regulations governing procedure and evidence.
Release is decided by the investigating chamber on an application made by the party concerned. The investigating chamber rules within eight days of the arrested person’s appearance before it.

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.