Netherlands

International Criminal Court Implementation Act 2002

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 2. Provisional arrest
Section 16
1. The investigating judge may, on his own initiative or on the application of the public prosecutor or at the request of the person claimed or his counsel, order that on account of urgent and exceptional circumstances the deprivation of liberty pursuant to the provisions of § 2 of this chapter be ended or discontinued or suspended subject to conditions. The conditions to be imposed shall in any event be designed to prevent absconding.
2. The investigating judge shall not make an order as referred to in subsection 1 until the ICC, having been consulted for this purpose through the intermediary of Our Minister, has made recommendations pursuant to article 59, paragraph 5 of the Statute within a period to be determined by Our Minister.
3. The suspension or discontinuation shall end automatically as soon as the public prosecutor has been informed, in accordance with section 32, of the decision of Our Minister permitting the surrender.
4. Article 80, paragraphs 1, 3, 4 and 5, and articles 81-88, with the exception of article 86, paragraph 5, of the Code of Criminal Procedure shall apply mutatis mutandis to orders for provisional discontinuation and suspension made pursuant to paragraph 1.

Keywords

Interim release pending surrender



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