Request for provisional arrest

Republic of Moldova

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 545. Simplified Procedure for Extradition

(1) Upon the request of the competent authority of a foreign state to extradite a person, to provisionally arrest him/her in view of extradition or to extradite a foreign citizen or stateless person in whose regard an arrest warrant for extradition was issued may be granted without following the formal extradition procedures if the person consents to simplified extradition and his/her consent is confirmed by the court. If an arrestee consents to his/her extradition under the simplified procedure, submission of the official request for extradition and the documents specified in art. 542 of this Code shall not be necessary.

Article 547. Arresting a Person in View of Extradition
The preventive arrest of the extraditable person may be replaced by any other preventive measure upon the request of the prosecutor or by the court ex officio in line with the procedural legislation in force if:
a) the health of the person confirmed by a medical certificate prevents him/her from detention;
b) the person and his/her family have their permanent domicile in the Republic of Moldova and there are no grounds to consider that he/she will evade extradition.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.