Chapter II Cooperation with the International Criminal Court

Section 3 Surrender of an Offender Sought for Surrender, etc.

Subsection 2 Provisional Detention

(Order of Provisional Detention)
Article 34 When the Minister of Justice has received documents sent by the Minister of Foreign Affairs pursuant to the provisions of Article 4 concerning a request for cooperation through provisional detention, he/she shall, except where the case falls under any of the items of Article 20, paragraph (1) (excluding the part of item (i) that pertains to Article 19, paragraph (1), item (iii)), order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to provisionally detain the offender sought for provisional detention.


(Measures Concerning Provisional Detention)
Article 35 (1) The Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, when he/she has been issued an order under the provisions of the preceding Article, cause a public prosecutor of the Tokyo High Public Prosecutors Office to detain the offender sought for provisional detention under a provisional detention permit that has been issued in advance by a judge of the Tokyo High Court.

(2) The provisions of Article 5, paragraphs (2) and (3), and Articles 6 and 7 of the Act of Extradition shall apply mutatis mutandis to the detention of an offender sought for provisional detention under a provisional detention permit set forth in the preceding paragraph, the provisions of Article 26 of said Act shall apply mutatis mutandis to the release of an offender sought for provisional detention who is being detained under a provisional detention permit; the provisions of Article 27 of said Act shall apply mutatis mutandis to where an order under Article 20, paragraph (1) has been issued with regard to an offender sought for provisional detention for whom a provisional detention permit has been issued; the provisions of Article 28 of said Act shall apply mutatis mutandis to where the ICC notifies the relevant person, after the documents prescribed in the preceding Article have been sent, that it will not request the surrender of the offender sought for provisional detention; and the provisions of Article 29 of said Act shall apply mutatis mutandis to an offender sought for provisional detention who is being detained under a provisional detention permit. In the case above, "the requesting country, the valid period of the permit" in Article 5, paragraph (3) of said Act shall be deemed to be replaced with "the valid period of the permit"; the phrases "regarding the extradition of an offender who is being detained under a provisional detention permit as provided for in Article 3" and "the items of Article 4, paragraph (1)" in Article 26, paragraph (1) of said Act shall be deemed to be replaced with "prescribed in Article 20, paragraph (1) of the Act on Cooperation with the International Criminal Court" and "the items of said paragraph," respectively; the phrase "paragraph (1) of Article 8" in Article 27, paragraph (3) of said Act shall be deemed to be replaced with "the second sentence of Article 8, paragraph (1) as applied mutatis mutandis pursuant to Article 22, paragraph (2) of the Act on Cooperation with the International Criminal Court"; and the phrase "two months from the day on which the offender was taken into custody (or within a period of less than two months if the extradition treaty provides otherwise)" in Article 29 of said Act shall be deemed to be replaced with "sixty days from the day following the day on which the offender was taken into custody."

(3) A public prosecutor of the Tokyo High Public Prosecutors Office may, at the motion of an offender sought for provisional detention who is being detained under a provisional detention permit or ex officio, suspend the detention of the offender sought for provisional detention when there is a risk that the health of the offender sought for provisional detention will be substantially damaged by the detention or when he/she otherwise finds that continuing to detain him/her would be problematic.

(4) The provisions of Article 27, paragraphs (2) through (7) of this Act and the provisions of Article 22, paragraphs (3) through (5) of the Act of Extradition shall apply mutatis mutandis to the suspension of the detention of an offender sought for provisional detention under the provisions of the preceding paragraph and to where the suspension of said detention has been rescinded.

(5) Where a detention under a provisional detention permit has been suspended pursuant to the provisions of paragraph (3), when the offender sought for provisional detention has been notified pursuant to the provisions of Article 27, paragraph (1) of the Act of Extradition as applied mutatis mutandis pursuant to paragraph (2), the suspension of his/her detention under a provisional detention permit shall be deemed to be the suspension of a detention under the provisions of Article 27, paragraph (1).

(6) In a case that falls under any of the following items, where a detention under a provisional detention permit has been suspended pursuant to the provisions of paragraph (3), the detention under the provisional detention permit that is being suspended shall cease to be effective:

(i) when the offender sought for provisional detention has been notified pursuant to the provisions of Article 26, paragraph (1) or Article 28, paragraph (2) of the Act of Extradition as applied mutatis mutandis pursuant to paragraph (2); or
(ii) when the offender sought for provisional detention has not been notified pursuant to the provisions of Article 27, paragraph (1) of the Act of Extradition as applied mutatis mutandis pursuant to paragraph (2) within sixty days from the day following the day on which said offender sought for provisional detention was taken into custody under a provisional detention permit.

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.