Chapter II Cooperation with the International Criminal Court
Section 3 Surrender of an Offender Sought for Surrender, etc.
Subsection 1 Surrender of an Offender Sought for Surrender
(Postponement of an Order for the Surrender of an Offender Sought for Surrender)
Article 26 (1) In the case prescribed in paragraph (1) of the preceding Article (limited to where the offense underlying the surrender request constitutes a serious crime), when the Minister of Justice finds that the case falls under either of the following items and that it is unreasonable to immediately effect the surrender of an offender sought for surrender, he/she may postpone the order for surrender notwithstanding the provisions of said paragraph:
(i) when a case connected with a crime other than the offense underlying the surrender request, that has been committed by the offender sought for surrender is pending before a Japanese court; or
(ii) when the offender sought for surrender has been sentenced to punishment by a Japanese court with regard to a case prescribed in the preceding item, and he/she has neither served out the sentence nor come to no longer be subject to the execution thereof.
(2) When the Minister of Justice postpones an order for the surrender of an offender sought for surrender pursuant to the provisions of the preceding paragraph, he/she shall notify the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to that effect, and shall order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to suspend the detention of the offender sought for surrender who is being detained under the detention permit.
(3) When an order under the provisions of the preceding paragraph has been issued, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately suspend the detention of the offender sought for surrender who is being detained under the detention permit. In this case, the provisions of the second sentence of Article 24, paragraph (5) shall apply mutatis mutandis.
(4) After ordering the suspension of a detention under the provisions of paragraph (2), when the case has ceased to fall under either of the provisions of the items of paragraph (1) or when the grounds for finding that it is unreasonable to surrender the offender sought for surrender have ceased to exist, the Minister of Justice shall issue an order for the surrender thereof pursuant to the provisions of paragraph (1) of the preceding Article to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office.
(5) Where the order of surrender set forth in the preceding paragraph has been issued, a public prosecutor of the Tokyo High Public Prosecutors Office shall rescind the suspension of the detention under the provisions of paragraph (3).
(6) The provisions of Article 22, paragraphs (3) through (6) of the Act of Extradition shall apply mutatis mutandis to where the suspension of the detention of an offender sought for surrender has been rescinded pursuant to the provisions of the preceding paragraph.
Postponement of execution of ICC request
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