France

Code of Criminal Procedure: Loi relative à la coopération avec la Cour pénale internationale N. 2002-268 du 26 février 2002

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS

Article 627-14

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

A person who has been taken into preventative custody under the conditions provided for in article 92 of the statute may, if he consents to this, be handed over to the International Criminal Court, in accordance with article 87 of the statute, before the competent authorities have been seised of an official request for the transfer on the part of the international court.
The transfer decision is made by the investigating chamber of the Appeal Court of Paris after the latter has informed the person concerned of his right to an official transfer procedure, and has obtained his consent.
During his hearing before the investigating chamber, the person concerned may be assisted by an advocate of his choice, or failing this, an advocate officially nominated by the bâtonnier of the order of advocates and, if necessary, an interpreter.
A person who has been taken into preventative custody under the conditions provided for in article 92 of the statute, and has not consented to be handed over to the court may be freed if the competent authorities in accordance with article 87 do not receive the official transfer request within the time limit set out by the international court’s regulations governing procedure and evidence.
Release is decided by the investigating chamber on an application made by the party concerned. The investigating chamber rules within eight days of the arrested person’s appearance before it.

Keywords

Provisional arrest



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