Ordering Detention, Contents of the Ruling on Detention and Right of Appeal against the Ruling
Article 176
(1) Detention shall be ordered upon the motion of the authorized prosecutor, by a ruling issued by the competent court.
(2) Prior to adopting the ruling referred to in paragraph 1 of this Article, the court shall hear the accused person on the reasons for ordering detention. The hearing may be attended by the State Prosecutor and defense attorney.
(3) Notwithstanding paragraph 2 of this Article, the ruling ordering detention may be adopted without hearing the accused person if the accused person is hiding or if there are circumstances referred to in Article 175, paragraph 1, item 5 of the present Code.
(4) If the detention was ordered in accordance with paragraph 3 of this Article, the court shall, within 48 hours as of the deprivation of liberty, hear the accused person on the reasons for ordering detention. After the hearing, the court shall decide whether to keep the ruling ordering detention in force or to abolish the detention.
(5) The ruling ordering detention shall contain: first name and the surname, year and place of birth of the persons against whom detention is ordered, criminal offence they are charged with, the legal grounds for detention, the duration of detention, the time the person was deprived of liberty, instructions on the right to appeal, the statement of reasons as well as a statement of the grounds for ordering detention, the official seal and the signature of the judge ordering detention.
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.