Part One. General Provisions

Section III. Proof and Proving

Chapter 12. Detention of the Suspect

Article 91. Grounds for the Detention of the Suspect

1. The body of inquiry (inquest), the inquirer, the investigator or the prosecutor shall have the right to detain the person on suspicion of committing a crime, for which may be administered the punishment in the form of the deprivation of freedom, if one of the following grounds exists:
1) this person is caught red-handed when committing the crime, or immediately after
committing it;
2) the victims or the witnesses point to the given person as the perpetrator of the crime;
3) on this person or in his clothes, near him or in his dwelling undoubted traces of the crime are found.

2. If there exist other data, providing grounds for suspecting the person of the perpetration of the crime, he may be detained if he has made an attempt to flee, or if he does not have a permanent place of residence, or if his person has not been identified, or if the public prosecutor, or the investigator or the inquirer with the consent of the prosecutor, has directed a petition to the court on selecting with respect to the said person a measure of restriction in the form of taking into custody.


Article 92. Procedure for the Detention of the Suspect

1. After the suspect is brought to the body of inquiry, to the investigator or to the public prosecutor, a custody report shall be compiled within a term of not over three hours, in which shall be made a note that the rights, stipulated by Article 46 of the present Code, have been explained to the suspect.

2. In the report shall be pointed out the date and time of compiling it, the date, time and the place of, and the grounds and the motives for the detention, the results of his personal search and other circumstances of his detention. The custody report shall be signed by the person who has compiled it and by the suspect.

3. The body of inquiry, the inquirer or the investigator shall be obliged to report to the public prosecutor about the detention in writing within twelve hours from the moment of detaining the suspect.

4. The suspect shall be interrogated in conformity with the demands of the second part of Article 46 and of Articles 189 and 190 of the present Code. Before the interrogation starts the suspect at his request shall be provided with an opportunity to meet his defence counsel in private and confidentially. Where it is necessary to commit procedural actions with the participation of the suspect, the duration of a meeting exceeding two hours may be limited by the inquirer, investigator and prosecutor with obligatory preliminary notification of the suspect and his/her defence counsel on it. In any case the duration of the meeting may not be less than 2 hours .


Article 93. Personal Search of the Suspect

The suspect may be subjected to a personal search in accordance with the procedure, established by Article 184 of the present Code.


Article 94. Grounds for the Release of the Suspect

1. The suspect shall be released by the decision of the inquirer, of the investigator or of the public prosecutor, if:
1) the suspicion of his committing a crime has not been confirmed;
2) there are no grounds to apply towards him a measure of restriction in the form of taking into custody;
3) the detention was made with a violation of the demands of Article 91 of the present Code.

2. After an expiry of 48 hours from the moment of detention, the suspect shall be released, unless with respect to him is selected a measure of restriction in the form of taking into custody or the court has extended the term of detention in the order, established by Item 3 of the part 7 of Article 108 of the present Code.

3. If the resolution of the judge on the application towards the suspect of the measure of restriction in the form of taking into custody or on an extension of the term of detention does not arrive within 48 hours as from the moment of detention, the suspect shall be immediately set free, about which the head of the place where the suspect was held in custody shall notify the body of inquiry or the investigator, under whose jurisdiction the criminal case is placed, and the public prosecutor.

4. If there exists a ruling or a resolution of the court on the refusal to satisfy the petition of the inquirer, of the investigator or of the public prosecutor for selecting towards the suspect the measure of restriction in the form of taking into custody, a copy of this ruling or resolution shall be handed over to the suspect upon his release.

5. Upon the release of the suspect from custody he shall be issued a reference note, in which it shall be pointed out by whom he was detained, the date, time and the place of, and the grounds for the detention, as well as the date, time of and the grounds for his release .


Article 95. Procedure for Holding the Suspects in Custody

1. The procedure and the conditions for holding the suspects in custody shall be defined by the federal law.

2. If it is necessary to carry out operational-search measures, admissible shall be meetings an officer of the body of inquiry which is carrying out the operational-search activity, with the suspect with the written permission of the inquirer, the investigator, the public prosecutor or of the court, under whose jurisdiction the criminal case is placed.


Article 96. Notification on Detaining the Suspect

1. The inquirer, the investigator or the public prosecutor shall be obliged, not later than in twelve hours from the moment of detaining the suspect, to notify one of his close relatives, and if there are no such relatives - the other relations, or shall provide an opportunity for making such notification to the suspect himself.

2. In case of the detention of the suspect who is a serviceman, the command of the military unit shall be informed.

3. If the suspect is a citizen or a subject of another state, the Embassy or the Consulate of this state shall be notified within the term, pointed out in the first part of the present Article.

4. If in the interests of the investigation it is necessary to keep the fact of the detention in
secret, the notification with the public prosecutor's sanction may be withheld, with the exception of the cases when the suspect is a minor .

Part One. General Provisions

Section III. Proof and Proving

Chapter 13. Measures of Restriction

Article 108. Taking into Custody

5. The adoption of the court's pre-trial restraining order in the form of detention without the accused's absence is permitted only in case when an international search for the accused is announced .

Part One. General Provisions

Section III. Proof and Proving

Chapter 13. Measures of Restriction

Article 108. Taking into Custody

1. Taking into custody as a measure of restriction shall be applied through a court decision towards the suspect or the accused of committing crimes for which the criminal court envisages the punishment in the form of the deprivation of freedom for a term of over two years, if it is impossible to apply a different, milder measure of restriction. For choosing a measure of restraint in the form of detention, the concrete circumstances shall be indicated in the judge's ruling which served as the grounds for the judge to adopt such a decision. In the exceptional cases this measure of restriction may be selected with respect to the suspect or the accused of committing a crime, the punishment for which is envisaged in the form of the deprivation of freedom for a term of up to two years, if there exists one of the following circumstances:
1) the suspect or the accused has no permanent place of residence on the territory
of the Russian Federation;
2) his person is not identified;
3) he has violated the earlier selected measure of restriction;
4) he has fled from the bodies of the preliminary investigation or from the court.

2. Taking into custody as a measure of restriction may be applied towards a minor suspect or accused, if he is suspected or accused of committing a grave or an especially grave crime. In the exceptional cases, this measure of restriction may be applied with respect to a minor who is suspected or accused of committing an ordinary crime.

3.If it is necessary to select taking into custody as a measure of restriction, public prosecutor, or investigator and the inquirer with the consent of the public prosecutor, address the court with the corresponding petition. In the resolution on filing the petition shall be described the motives and the grounds, by force of which the need has arisen for taking the suspect or the accused into custody, while selecting a different measure of restriction is impossible. To the resolution shall be enclosed the materials, confirming the substantiation of the petition. If the petition is filed with respect to the suspect detained in the order established by Articles 91 and 92 of the present Code, the resolution and the said documents shall be submitted to the judge not later than eight hours before an expiry of the term of detention.

4. The resolution on filing a petition for the selection of putting into custody as a measure of restraint shall be considered on his own by the judge of the district court or of the military court of the corresponding level, with the participation of the suspect or of the accused, of the public prosecutor and of the counsel for the defence, if such is taking part in the criminal case, at the place of conducting the preliminary investigation or at the place of detention of the suspect, in the course of eight hours from the moment of arrival of the materials at the court. The suspect, detained in accordance with the procedure established by Articles 91 and 92 of the present Code, shall be brought to the court session. The right to take part in the court session shall also be enjoyed by the legal representative of a minor suspect or accused, by the investigator and by the inquirer. The failure of the parties, timely notified about the hour of the court session, to arrive without serious reasons shall not be seen as an obstacle to considering the petition, with the exception of the failure to attend on the part of the accused.

5. The adoption of the court's pre-trial restraining order in the form of detention without the accused's absence is permitted only in case when an international search for the accused is announced .

6. At the start of the session, the judge shall announce what petition is subject to consideration and shall explain their rights and liabilities to the persons who have come to the court session. Then the public prosecutor or, on his orders, the person who has filed the petition shall explain the ground for it, after which the other persons, attending at the court session, shall be heard out.

7. Having considered the petition, th judge shall pass one of the following resolutions:
• 1) on the selection with respect to the suspect or the accused of a measure of
restriction in the form of taking into custody;
2) on the refusal to satisfy the petition;
3) on extending the term of detention. The extension of the term of detention shall be allowable on condition of recognizing the detention by a court of law as rightful and reasoned for a term of 72 hours at most, as of the time of rendering the court decision on the petition of one of the parties for presenting additional proof of reasonableness or unreasonableness of taking the measure of restraint in the form of placing under detention. In the decision on the extension of the term of detention there shall be indicated the date and time up to which the term of detention is extended.

7.1. For the refusal to satisfy the motion for choosing a measure of restraint for the suspector accused in the form of detention, the judge shall be authorised at his own initiative, if there are grounds stipulated by Article 97 of this Code and with account of the circumstances mentioned in Article 99 of this Code, to choose for the suspect or accused the measure of restraint in the form of bail or house arrest.

8. The judge's resolution shall be directed to the person who has filed the petition, to the public prosecutor, to the suspect or to the accused, and shall be subject to an immediate execution.

9. Repeatedly filing with the court a petition for taking into custody one and the same person on one and the same criminal case after the judge has passed the resolution on the refusal to select this measure of restriction, shall only be possible if new circumstances arise, which comprise the ground for the need to take the person into custody.

10. If the question about selection towards the defendant of taking into custody as a measure of restriction arises in the court, the decision to this effect shall be adopted by the court upon a party's petition or at its own initiative, on which a ruling or a resolution shall be passed.

11. The judge's resolution on the selection of taking into custody as a measure of restriction or on the refusal in this, may be appealed with the higher-placed court by way of cassation within three days from the day of passing such. The court of the cassation instance shall take the decision on the complaint or on the presentation not later than three days from the day of its receipt. The cassational court award on the reversal of the judge's ruling on the measure of restraint in the form of detention shall be immediately executed. The cassational court award may be appealed in the exercise of supervisory powers established by Chapter 48 of this Code .

12. The person conducting the proceedings on the criminal case shall be obliged to immediately notify someone of the close relatives of the suspect or of the accused, and if he has no such relatives - the other relations, and if it is a serviceman who is taken into custody - also the command of the military unit, about the place of his being held in custody or about the change of the place of holding him in custody.

13. It is prohibited to endow the powers specified in the present article on one and the same judge on a permanent basis. These powers shall be distributed among the judges of a specific court in compliance with the principle of criminal cases distribution.

14. The requirements of Article 95 of this Code shall extend to the accused kept in custody.


Article 109. Time Terms for Holding in Custody
1. Holding in custody during the inquisition of crimes shall not exceed two months.

2. If it is impossible to complete the preliminary investigation within a term of up to two months and if there are no grounds for changing or for cancelling the measure of restriction, this term may be extended by the judge of the district court or of the military court of the corresponding level in accordance with the procedure, established by the third part of Article 108 of the present Code, for a term of up to six months. Further extension of the term may be effected with respect to the persons, accused of committing grave and especially grave crimes, only if the criminal case is of a particular complexity and if there are grounds for selecting this measure of restriction, by the judge of the same court upon application from the investigator, filed with the consent of the procurator of the subject of the Russian Federation or of the military prosecutor equated with him, for up to twelve months.

3. The term of holding in custody for over twelve months may be extended only in exceptional cases, with respect to the persons accused of committing especially grave crimes, by the judge of the court specified in Part 3 of Article 31 of the present Code, or of the military court of the corresponding level at an application from the investigator, filed with the consent of the Procurator-General of the Russian Federation or of his Deputy, for up to 18 months.

4. A further extension of the said term is inadmissible. The accused, who is held in custody, shall be subject to an immediate release, with the exception of the cases mentioned in Item 1 of the eighth part of this Article .

5. The materials of the criminal case, whose inquisition is completed, shall be presented to the accused, held in custody, and to his counsel for the defence not later than thirty days before the end of the ultimate term for holding in custody, established by the second and the third parts of this Article .

6. If after the end of the preliminary investigation the materials of the criminal case were presented to the accused and to his counsel for the defence later than thirty days prior to the end of the ultimate term for holding in custody, the accused shall be subject to an immediate release after this term expires. In this case, the accused and his counsel for the defence shall retain the right to get acquainted with the materials of the criminal case .

7. If after the end of the preliminary investigation the time terms for the presentation of the materials of the given criminal case to the accused and to his counsel for the defence, stipulated by the fifth part of this Article, were observed, but 30 days fixed for their getting acquainted with the materials of the criminal case have proved insufficient, the investigator shall have the right, with the consent of the procurator of the subject of the Russian Federation, to file an application for an extension of this term with the court specified in Part 3 of Article 31 of the present Code, or with the military court of the corresponding level, not later than seven days prior to an expiry of the ultimate term for holding in custody. If several accused persons kept in custody participate in the proceedings in the criminal case, and if even one of them needs more than 30 days to get acquainted with the materials of the criminal case, then the investigator may file said application as regards very accused or those accused who have got acquainted with the materials of the criminal case, if there is still a need to keep him or them in custody and there are no grounds for applying a different measure of restraint.

8. A petition for extending the term of holding in custody has to be submitted to the court at least seven days before the expiry thereof. The judge shall take one of the following decisions in the manner specified in Parts 4, 8 and 11 of Article 108 of the present Code not later than in five days from the day of receiving the application:
• 1) on an extension of the term of holding in custody untill the moment when the
accused and his counsel for the defence complete getting acquainted with the materials of the criminal case and when the public prosecutor directs the criminal case to the court, with the exception of the case stipulated by the sixth part of this Article;
2) on the refusal in the satisfaction of the investigator's application and in the release of the accused from custody.

9. The term of holding in custody in the period of the preliminary investigation shall be counted as from the moment of taking the suspect or the accused into custody and till the public prosecutor directs the criminal case to the court.

10. Into the term of holding in custody shall be included the time:
• 1) over which the person was held in custody as the suspect;
2) of the home arrest;
3) of being forcibly held at a medical treatment or a psychiatric stationary hospital by the decision of the court;
4) in the course of which the person was held in custody on the territory of a foreign state under an inquiry on rendering legal assistance or on his extradition to the Russian Federation in conformity with Article 460 of the present Code.

11. On the expiry of the maximum term of detention in the instances, provided for by Item 4 of Part Ten of this Article, and when it is necessary to hold a preliminary investigation, the court shall be entitled to extend the term of holding a person in custody in the procedure established by this Article but for six months at the most.

12. If the suspect or the accused is repeatedly taken into custody on one and the same criminal case, as well as on a criminal case combined with it or severed from it, the time term of holding in custody shall be computed with an account for the time which the suspect or the accused has spent in custody earlier.

13. It shall not be allowable to consider by a court the petition for extension of the term of the accused person's holding in custody in the absence thereof, save for the instances of the accused person's passing a stationary forensic psychiatric examination and for other circumstances making it impossible to convey him/her to the court, and it has to be proved by appropriate documents. With this, the participation of the defence counsel in court session shall be obligatory.

14. In the instance provided for by Part Thirteen of this Article, a judge shall render the decision on considering the issue of extending the term of holding in custody in the accused person's absence with an indication of the reasons for which the accused person cannot be present .

Part Five. International Cooperation in the Sphere of Criminal Court Proceedings

Section XVIII. Procedure for the Interaction of Courts, Prosecutors, Investigators and the Inquest Bodies with the Corresponding Competent Bodies and Officials of Foreign States and with International Organizations

Chapter 54. Extradition of a Person for the Criminal Prosecution or for the Execution of the Sentence

Article 462. Execution of an Inquiry on the Extradition of a Person Staying on the Territory of the Russian Federation

1. The Russian Federation, in conformity with an international treaty of the Russian Federation or on the basis of the principle of reciprocity, may extradite to a foreign state a foreign citizen or a stateless person, staying on the territory of the Russian Federation, for conducting the criminal prosecution or for executing the sentence for acts criminally punishable in conformity with the criminal law of the Russian Federation and with the laws of the foreign state which sent an inquiry for the extradition of the person.

2. The extradition of a person on the basis of the principle of reciprocity shall signify that in
accordance with the assurances of the foreign state that has forwarded an inquiry for the extradition, it may be expected that in a similar situation extradition would be effected on an inquiry of the Russian Federation.

3. The extradition of a person may be effected in the following cases:
1) if the criminal law envisages for the perpetration of these acts a punishment in
the form of the deprivation of freedom for a term of over one year, or a more severe punishment, when the person is extradited for criminal prosecution;
2) if the person, with respect to whom an inquiry for the extradition is directed, is sentenced to the deprivation of freedom for a term of not less than six months or to a tougher punishment;
3) if the foreign state which forwarded the inquiry may guarantee that the person, with respect to whom an inquiry for extradition is directed, will be prosecuted only for the crime pointed out in the inquiry, and that after completing the judicial proceedings and serving the sentence he shall be able to leave the territory of the given state without hindrance, and shall not be sent away, handed over or extradited to a third state without the consent of the Russian Federation.

4. The decision on the extradition of a foreign citizen or of a stateless person, staying on the territory of the Russian Federation and accused of committing a crime or convicted by the court of a foreign state, shall be adopted by the Procurator-General of the Russian Federation or by his Deputy.

5. The Procurator-General of the Russian Federation or the deputy thereof shall notify of an adopted decision in writing the person in respect of whom it is adopted, and shall explain thereto his/her right to appeal against this decision with court in compliance with Article 463 of this Code.

6. A decision on extradition shall enter into legal force in ten days as of the time of notifying the person in respect of whom it is adopted. In the event of appealing against the decision, the extradition shall not be effected pending the entry of the court decision into legal force.

7. If petitions for the extradition of one and the same person have arrived from several foreign states, the decision on what of these inquiries shall be satisfied shall be taken by the Procurator-General of the Russian Federation or by his Deputy. The Procurator-General of the Russian Federation or his Deputy shall inform about the adopted decision the person, with respect to whom it is adopted, in writing within 24 hours .


Article 463. Appealing the Decision on the Person's Extradition and the Judicial Check-Up of Its Legality and Substantiation

1. The decision of the Procurator-General of the Russian Federation or of his Deputy on the extradition may be appealed against with the Supreme Court of the Republic, with the territorial or the regional court, with the court of a city of federal importance, the court of an autonomous region or the court of an autonomous area at the location of the person, with respect to whom this decision is adopted or by his counsel for the defence, within ten days from the moment of receiving a notification.

2. If the person, with respect to whom the decision on the extradition is adopted, is held in custody, the administration of the place of his detention after receiving the complaint, addressed to the court, shall immediately forward it to the corresponding court and shall inform about this the public prosecutor.

3. The public prosecutor shall direct to the court within ten days the materials, confirming the legality and the substantiation of the decision on the person's extradition.

4. Checking up the legality and the substantiation of the decision on the extradition of the person shall be performed within one month from the day of receiving the complaint by the court, consisting of three judges, in an open court session with the participation of the public prosecutor, of the person with respect to whom the decision on the extradition is adopted, and of his counsel for the defence, if he is taking part in the criminal case.

5. At the start of the session, the presiding justice shall announce what complaint is subject to consideration and shall explain to the present persons their rights, liabilities and responsibility. Then the applicant and/or his counsel for the defence shall substantiate the complaint, after which the floor shall once again be given to the public prosecutor.

6. In the course of the judicial proceedings the court shall not discuss the questions, concerning the guilt of the person who has filed the complaint, but shall restrict itself to checking up the correspondence between the decision on the extradition of the given person and the legislation and the international treaties of the Russian Federation.

7. As a result of the check-up, the court shall pass one of the following rulings:
• 1) on recognizing the decision on the extradition of the person as illegal or unsubstantiated, and on its cancellation;
2) on leaving the complaint without satisfaction.

8. If the decision on the person's extradition is cancelled, the court shall also cancel the measure of restriction, selected for the person who entered the complaint.

9. The court ruling on satisfying the complaint or on the refusal in this may be appealed against by way of cassation with the Supreme Court of the Russian Federation within seven days from the day of its adoption.


Article 464. Refusal in the Extradition of a Person

1. The extradition of a person shall be inadmissible, if:
• 1) the person, with respect to whom the inquiry for extradition has come from a foreign state, is a citizen of the Russian Federation;
2) the person, with respect to whom an inquiry on the extradition has come from a foreign state, has been granted asylum in the Russian Federation because of the possibility of his persecution in the given state on account of race, religion, citizenship, nationality, affiliation with a certain social group, or because of his political views;
3) with respect to the person, named in the inquiry, for the same act a sentence is passed on the territory of the Russian Federation, which has entered into legal force, or the proceedings on the criminal case are terminated;
4) in conformity with the legislation of the Russian Federation, the criminal case cannot be instituted or the sentence cannot be executed because of an expiry of the term of legal limitation or on another legal ground;
5) there is the decision of the court of the Russian Federation, which has passed into legal force, on the existence of obstacles to the extradition of the given person in conformity with the legislation and the international treaties of the Russian Federation.

2. The extradition of a person may be refused, if:
• 1) the act which has served as a ground for directing an inquiry for the extradition, is
not a crime under the criminal law;
2) the act, in connection with which an inquiry for the extradition is forwarded, is committed on the territory of the Russian Federation, or against the interests of the Russian Federation outside its territory;
3) the criminal prosecution of the person, with respect to whom an inquiry for the extradition is sent is being conducted for the same act in the Russian Federation ;
4) the criminal prosecution of the person, with respect to whom an inquiry for the extradition is entered, is instituted by way of a private charge.

3. If the extradition of the person is not taking place, the Office of the Procurator-General of the Russian Federation shall notify to this effect the competent bodies of the corresponding foreign state, with an indication of the reasons behind the refusal.


Article 465. Postponement of the Person's Extradition and the Extradition of a Person for a Time

1. If a foreign citizen or a stateless person, with respect to whom an inquiry for the extradition has come in, is subject to the criminal prosecution or is serving a term for another crime on the territory of the Russian Federation, his extradition may be postponed till the termination of the criminal prosecution, till his release from the punishment on any lawful ground, or till he has served the sentence.

2. If the postponement of the extradition may entail an expiry of the term of legal limitation for the criminal prosecution, or may inflict a damage on the inquisition of the crime, the person mentioned in the inquiry may be extradited for a time, if there has been assumed a liability to observe the terms, established by the Procurator-General of the Russian Federation or by his Deputy .


Article 466. Selection or Application of a Selected Measure of Restriction to Provide for the Person's Probable Extradition

1. When an inquiry is received from a foreign state for a person's extradition and, with this, a judicial decision on taking in respect of this person a measure of restraint in the form of placing in custody is not presented, the prosecutor, for the purpose of ensuring the possibility of the person's extradition, shall resolve the issue on the necessity to select a measure of restriction for the person in the procedure stipulated by this Code.

2. If to an inquiry on the person's extradition there is enclosed the decision of a judicial body of the foreign state on taking the person into custody, the prosecutor shall have the right to place the person under home arrest or to take him/her into custody without confirming said decision by a court of the Russian Federation.

3. The Procurator-General of the Russian Federation or his Deputy shall immediately notify the competent body of the foreign state, which has directed the inquiry for the person's extradition .


Article 467. Handing Over the Extradited Person

1. The Russian Federation shall notify the foreign state about the place, time and date of handing over the extradited person. If the given person is not accepted within fifteen days from the date fixed for handing him/her over, he/she may be released from custody.

2. If a foreign state cannot accept the person subject to extradition due to circumstances which are not dependent on it and notifies the Russian Federation on it, the date of handing him/her over shall be postponed. The date of handing over may be postponed in the same procedure, if the Russian Federation cannot hand over the person subject to extradition due to circumstances which are not dependent on it.

3. In any case, the person shall be subject to release upon the expiry of thirty days as of the date fixed for handing him/her over.


Article 468. Handing Over the Objects

1. When handing over the extradited person to the corresponding competent body of a foreign state, the objects, which are the instruments of the crime, as well as the objects with the traces of the crime on them or those acquired in a criminal way may also be handed over. These objects shall be handed over under an inquiry, even if the extradition of the inquired person on cannot take place because of his death or on account of any other reasons.

2. The handing over of the objects, pointed out in the first part of this Article, may be temporarily suspended, if the given objects are necessary for the proceedings on another criminal case.

3. To provide for the lawful interests of the third persons, the handing over of the objects, pointed out in the first part of this Article, shall take place only if there exists a liability of the corresponding institution of the foreign state on returning these objects after the proceedings on the criminal case are completed .

Article 87
Requests for cooperation: general provisions
1. (a) The Court shall have the authority to make requests to States Parties for
cooperation. The requests shall be transmitted through the diplomatic channel or any other
appropriate channel as may be designated by each State Party upon ratification, acceptance,
approval or accession.
Subsequent changes to the designation shall be made by each State Party in accordance
with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a),
requests may also be transmitted through the International Criminal Police Organization or any
appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be
accompanied by a translation into an official language of the requested State or one of the working
languages of the Court, in accordance with the choice made by that State upon ratification,
acceptance, approval or accession.
Subsequent changes to this choice shall be made in accordance with the Rules of
Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents
supporting the request, except to the extent that the disclosure is necessary for execution of the
request.
4. In relation to any request for assistance presented under this Part, the Court may take such
measures, including measures related to the protection of information, as may be necessary to
ensure the safety or physical or psychological well-being of any victims, potential witnesses and
their families. The Court may request that any information that is made available under this Part
shall be provided and handled in a manner that protects the safety and physical or psychological
well-being of any victims, potential witnesses and their families.
5. (a) The Court may invite any State not party to this Statute to provide assistance under
this Part on the basis of an ad hoc arrangement, an agreement with such State or any other
appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc
arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such
arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the
Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or
documents. The Court may also ask for other forms of cooperation and assistance which may be
agreed upon with such an organization and which are in accordance with its competence or
mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to
the provisions of this Statute, thereby preventing the Court from exercising its functions and
powers under this Statute, the Court may make a finding to that effect and refer the matter to the
Assembly of States Parties or, where the Security Council referred the matter to the Court, to the
Security Council.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for
all of the forms of cooperation which are specified under this Part.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the
material supporting the request outlined in article 91, to any State on the territory of which that
person may be found and shall request the cooperation of that State in the arrest and surrender of
such a person. States Parties shall, in accordance with the provisions of this Part and the procedure
under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the
basis of the principle of ne bis in idem as provided in article 20, the requested State shall
immediately consult with the Court to determine if there has been a relevant ruling on
admissibility. If the case is admissible, the requested State shall proceed with the execution of the
request. If an admissibility ruling is pending, the requested State may postpone the execution of
the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law,
transportation through its territory of a person being surrendered to the Court by another State,
except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with
article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization;
and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of
transit;
(d) No authorization is required if the person is transported by air and no landing is
scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may
require a request for transit from the Court as provided for in subparagraph (b). The transit State
shall detain the person being transported until the request for transit is received and the transit is
effected, provided that detention for purposes of this subparagraph may not be extended beyond
96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested
State for a crime different from that for which surrender to the Court is sought, the requested State,
after making its decision to grant the request, shall consult with the Court.

Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under
article 89 shall, if it also receives a request from any other State for the extradition of the same
person for the same conduct which forms the basis of the crime for which the Court seeks the
person’s surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the
request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in
respect of which surrender is sought is admissible and that determination takes into account the
investigation or prosecution conducted by the requesting State in respect of its request for
extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the
requested State’s notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may,
at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal
with the request for extradition from the requesting State but shall not extradite the person until the
Court has determined that the case is inadmissible. The Court’s determination shall be made on an
expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not
under an international obligation to extradite the person to the requesting State, shall give priority
to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Curt, the
requested State may, at its discretion, proceed to deal with the request for extradition from the
requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing
international obligation to extradite the person to the requesting State not Party to this Statute, the
requested State shall determine whether to surrender the person to the Court or extradite the
person to the requesting State. In making its decision, the requested State shall consider all the
relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime
was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting
State.
7. Where a State Party which receives a request from the Court for the surrender of a person
also receives a request from any State for the extradition of the same person for conduct other than
that which constitutes the crime for which the Court seeks the person’s surrender:
(a) The requested State shall, if it is not under an existing international obligation to
extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to
extradite the person to the requesting State, determine whether to surrender the person to the Court
or to extradite the person to the requesting State. In making its decision, the requested State shall
consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall
give special consideration to the relative nature and gravity of the conduct in question.
8. Where pursuant to a notification under this article, the Court has determined a case to be
inadmissible, and subsequently extradition to the requesting State is refused, the requested State
shall notify the Court of this decision.

Article 91
Contents of request for arrest and surrender
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may
be made by any medium capable of delivering a written record, provided that the request shall be
confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of
arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be
supported by:
(a) Information describing the person sought, sufficient to identify the person, and
information as to that person’s probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the
requirements for the surrender process in the requested State, except that those requirements
should not be more burdensome than those applicable to requests for extradition pursuant to
treaties or arrangements between the requested State and other States and should, if possible, be
less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the
request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the
judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in
the case of a sentence for imprisonment, a statement of any time already served and the time
remaining to be served.
4. Upon the request of the Court, a State Party shall consult with the Court, either generally
or with respect to a specific matter, regarding any requirements under its national law that may
apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the
specific requirements of its national law.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending
presentation of the request for surrender and the documents supporting the request as specified in
article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a
written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and
information as to that person’s probable location;
(b) A concise statement of the crimes for which the person’s arrest is sought and of the
facts which are alleged to constitute those crimes, including, where possible, the date and location
of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction
against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
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.
4. The fact that the person sought has been released from custody pursuant to paragraph 3
shall not prejudice the subsequent arrest and surrender of that person if the request for surrender
and the documents supporting the request are delivered at a later date.