Part 6 Outgoing Requests
§ 64 Form and Content of the Request
(relating to Article 93 para. 10, Article 96 para. 4 of the Rome Statute)
A request made to the Court pursuant to Article 93 para. 10(a) of the Rome Statute for mutual assistance or surrender of persons, as well as the accompanying documents, must have the prescribed form set forth in Article 96 para. 1 in connection with para. 4 of the Rome Statute and the content set forth in Article 96 para. 2 in connection with para. 4 of the Rome Statute.
§ 65 Return of Surrendered Person
(1) When a person is temporarily surrendered by the Court for a criminal proceeding against him in Germany upon request and on the condition that the person will be returned later, the person shall be returned at the agreed time to the Court or to the authorities of a state designated by it, insofar as the Court has not waived this. Prior to implementation of the temporary surrender, arrest of the suspect will be ordered in a written arrest warrant when the Court makes the surrender dependent upon the conduct in custody or when the return otherwise would not be guaranteed. The detention served based upon an order pursuant to the second sentence shall be set-off against detention imposed in a German criminal proceeding corresponding to § 51 of the Criminal Code.
(2) § 55 para. 2 applies mutatis mutandis to the arrest warrant. Otherwise § 13 para. 3, § 14 para. 1, 2 sentence 1 and 3, para. 5, §§ 18 and 55 para. 3 – 5 apply mutatis mutandis. The Higher Regional Court shall decide regarding objections to the arrest warrant for return surrender or a motion to quash such order only after execution of the arrest based upon the arrest warrant for return surrender.
(3) The arrest decision shall be made by the Higher Regional Court in whose district the court that is involved with the domestic criminal proceedings is located and, prior to commencement of the public action, the Higher Regional Court in whose district the public prosecution office leading the proceedings is located. The ruling is non-appealable. The public prosecution office attached to the Higher Regional Court that has jurisdiction per sentence 1 is responsible for ordering and implementing the return surrender.
§ 66 Temporary Surrender for a German Proceeding
(1) When a person is in pretrial detention or imprisoned based upon an order of the Court and was temporarily transferred based upon a request by a German court or a German authority made on condition of later return surrender for a domestic criminal proceeding against another for the taking of evidence, he will be returned at an agreed point in time to the Court or the authorities of a state designated by it insofar as the Court has not waived this. Prior to execution of the temporary surrender, arrest of the suspect will be ordered in a written arrest warrant when the Court makes the surrender dependent upon the conduct in custody or when the return surrender otherwise would not be guaranteed. 55 para. 2 applies mutatis mutandis to the arrest warrant. Otherwise, § 13 para. 3, § 14 para. 1, 2 sentence 1 and 3, para. 5, §§ 18 and 55 para. 3 – 5, as well as § 65 para. 3 apply mutatis mutandis.
(2) When a person is in pretrial detention or imprisoned in Germany or detained based upon an order of measures for the prevention of crime and the reformation of offenders (Maßregel der Besserung und Sicherung), he may be temporarily transferred to the Court for a domestic criminal proceeding when the prerequisites in § 54 sentence 1 number 1, 3, and 4 are met. § 49 para. 4 sentence 2 and 3, as well as § 54 sentence 2 – 5 apply mutatis mutandis.
§ 67 Conditions
Conditions that the Court has tied to the mutual assistance shall be complied with.
Unique provision - cooperation
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