'Interim release pending surrender' in document 'Switzerland: Law on Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT

SECTION II: DETENTION PENDING SURRENDER AND SEIZURE

Art. 20 Detention pending surrender

2 Detention may exceptionally be lifted at any stage of the proceedings if it appears justified under the circumstances. The person may at any time submit an application for interim release. Before reaching a decision, the Central Authority shall inform the Court and give full consideration to the Court’s recommendations. The decision of the Central Authority may be appealed within ten days of written presentation of the decision; appeals must be lodged with the Federal Supreme Court. Articles 214 et seq. of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy.

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.