Netherlands

International Criminal Court Implementation Act 2002

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 3. Arrest
Section 18
1. The public prosecutor who has received a request for surrender from Our Minister shall be competent to issue a warrant of arrest, which may be executed throughout the country.
2. The person claimed shall be brought before the public prosecutor within 24 hours of his arrest. After questioning the person claimed in accordance with article 55, paragraph 2, and article 59, paragraph 2 of the Statute, the public prosecutor may order that he be detained in police custody until the date on which the District Court decides on his remand in custody.

Section 19
If the person claimed is already in police custody in accordance with section 14 on the day on which the public prosecutor receives the request for surrender, the deprivation of liberty may be continued on the orders of the public prosecutor, notwithstanding section 15, subsection 1, until the date on which the District Court decides on the remand in custody.

Section 20
1. The investigating judge may order, on his own initiative, on the application of the public prosecutor or at the request of the person claimed or his counsel, that on account of urgent and exceptional circumstances the deprivation of liberty in accordance with the provisions of § 3 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. Section 16, subsections 2-5, shall apply mutatis mutandis.

Keywords

Arrest
Arrest for ICC proceedings - national procedures



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