Part 2 Surrender of Persons
§ 6 Approval of Surrender
The surrender, except in the case of § 32, shall only be approved when the court has declared it permissible.
§ 7 Subject Matter Jurisdiction
(1) The Higher Regional Court shall pass judgment in the absence of other agreement. Judgments of the Higher Regional Court are non-appealable.
(2) The public prosecution office attached to the Higher Regional Court shall prepare the decision regarding the surrender and shall implement approved surrenders.
§ 8 Venue
(1) Venue lies with the Higher Regional Court and the public prosecution office attached to the Higher Regional Court in whose district the suspect is apprehended for the purpose of surrender or, when there has been no apprehension, where the first investigation took place.
(2) If multiple suspects, because of participation in the same criminal act or in connection therewith, are captured or investigated in the districts of different Higher Regional Courts for the purpose of surrender, venue is determined by which Higher Regional Court was first involved is or, when none was yet involved, by which public prosecution office attached to the Higher Regional Court was first involved.
(3) When the whereabouts of the suspect is unknown, venue is determined by the seat of the federal government.
§ 9 Investigation Measures
(relating to Article 59 para. 1 of the Rome Statute)
(1) After receipt of a request by the Court for arrest and surrender based upon Article 89 para. 1 of the Rome Statute or provisional arrest based upon Article 92 para. 1 of the Rome Statute, measures necessary for determination of the whereabouts of the suspect as well as for arrest of the suspect shall be taken. The provisions in para. 9a of Part One of the Criminal Procedure Code (Strafprozessordnung) apply mutatis mutandis.
(2) No special request by the Court is required for ordering individual investigation measures. The public prosecution office attached to the Higher Regional Court is responsible [for] issuing an arrest notice.
§ 10
Detention of Persons to be Surrendered
(relating to Article 59 para. 1 of the Rome Statute)
Upon receipt of the request for arrest and surrender along with the documents required for surrender for criminal prosecution pursuant to Article 91 para. 2 of the Rome Statute or for surrender for execution of sentence pursuant to Article 91 para. 3 of the Rome Statute, detention of the suspect prior to surrender shall be ordered.
Request for arrest and surrender
Request for provisional arrest
Provisional arrest for ICC proceedings - national procedures
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