CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT
SECTION II: DETENTION PENDING SURRENDER AND SEIZURE

Art. 21 Release from detention pending surrender

1 If the request for surrender and supporting documentation are not received by the Central Authority, the Central Authority shall release from the detention pending surrender at the latest 60 days after the arrest.

2 If the person already is being held in pre-trial detention or is serving a prison sentence, the period of time in paragraph 1 shall begin upon transfer into detention pending surrender.

3 A release from detention as provided in paragraph 1 shall not prejudice subsequent arrest and surrender, if the request for surrender and supporting documentation are transmitted at a later time.

4 Articles 53–60 of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy to suspension of detention.

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.