II. Specific provisions
D. Custody pending surrender, surrender and transit
Custody pending surrender and orders for surrender
Article 27
(a) at the request of the International Criminal Court
(5) Until surrender is ordered the accused person has the right to apply for interim release. When deciding on such an application it shall be ascertained whether there are urgent and exceptional circumstances which justify interim release and whether the purpose of detention may be achieved by more lenient means (paragraph 131(5) of the Code of Criminal Procedure) regardless of the gravity of the alleged crimes. Such an application shall have no suspensive effect.
(6) An application pursuant to paragraph 5 shall be notified to the International Criminal Court, indicating that it has the right to submit a recommendation within seven days. The recommendation shall be taken into consideration in the decision on the application for release.
(7) Should the International Criminal Court in its recommendation or the public prosecutor plead against the release of the accused person, the President of the Court of Appeal shall promptly decide on the application in a custody hearing.
(8) A decision dismissing the application for interim release by the accused person may be appealed against by the latter within three days before the Court of Appeal. Such an appeal shall have no suspensive effect.
(9) Orders into custody pending surrender and orders for surrender may be appealed against solely pursuant to Article 15 of the Law on the Constitutional Court. The order initiating the surrender process is not open to appeal.
Interim release pending surrender
Request for arrest and surrender
EDIT.