Germany

Law on Cooperation with the International Criminal Court (ICC Act) - Article 1

Part 2
Surrender of Persons

§ 15
Procedure After Provisional Arrest

(1) If the suspect is provisionally arrested, he shall be brought without delay, at
the latest on the day after arrest, before a judge of the next District Court
(Amtsgericht).
(2) § 14 para. 2 applies mutatis mutandis to the examination of the suspect.
(3) If the examination reveals that the captured person is not the person to which
the request or the criminal acts within the meaning of § 11 para. 2 relate, the judge of
the District Court shall order his release. Otherwise the judge of the District Court
shall order that the suspect shall remain in detention until there is a decision by the
Higher Regional Court. The public prosecution office attached to the Higher Regional
Court shall promptly obtain a decision of the Higher Regional Court; participation of
the Court shall be in accordance with Article 59 para. 4-6 of the Rome Statute. § 14 para. 5-7 apply mutatis mutandis.

Keywords

Provisional arrest for ICC proceedings - national procedures



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