Article 165. Notion of Apprehension
(1) Apprehension is the deprivation of a person’s liberty for a short period of time, however, no longer than 72 hours.
(2) Subject to apprehension shall be:
1) persons suspected of committing a crime for which the law provides for a punishment of imprisonment for a term exceeding one year, provided there is a reasonable suspicion that the person committed that crime;
2) an accused/defendant who violates conditions of preventive measures not depriving them of liberty, undertaken in his/her regard, as well as protection order in case of domestic violence, if the crime is punished by imprisonment;
3) convicted persons referred to in judgments on canceling their convictions with a conditional suspension of the execution of punishment or on the cancellation of a conditional pre-term exemption from punishment.
4) persons in respect to which the acquittal sentence was annulled and a conviction to imprisonment was issued, as well as persons circumventing from the execution of the decision on conviction to imprisonment;
5) persons who commit a crime during a case hearing;
6) persons to be charged, if the location of the person is unknown or if he/she failed to appear due to unjustified reasons and did not notify the body that summoned him/her about his/her impossibility to appear;
7) persons subject to extradition.
(3) A person may be apprehended based on:
1) the transcript on apprehension in cases set forth in para. (2) points 1), 2) and 7);
2) an order of the criminal investigative body in the case set forth in para. (2) points 1), 2) and
3) a court judgment in cases set forth in para. (2) points 3), 4) and 5).
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.