Deprivation of Liberty by the Police
Article 264
(1) Authorized police officers may deprive a person of liberty if any of the grounds for detention from Article 175 of the present Code exists, but they shall inform the State Prosecutor thereon without delay, draw up an official annotation that has to contain the time and the place of the deprivation of liberty and to bring that person before the State Prosecutor without delay. On the occasion of the libertydeprived person’s appearance before the State Prosecutor, an authorized police officer shall submit the official annotation to the State Prosecutor and the State Prosecutor shall also enter in the record the deposition of the liberty-deprived person as to the time and place of his/her deprivation of liberty.
(2) The person deprived of liberty shall be advised on the rights referred to in Article 5 of the present Code.
(3) If a person deprived of liberty is not escorted before the State Prosecutor within 24 hours from the deprivation of liberty, the police shall release immediately the person.
(4) A person deprived of liberty in compliance with paragraph 1 of this Article may not be deprived of liberty again for the same criminal offence.
(5) Authorized police officers may deprive of liberty a person for whom an international arrest warrant exists. The person deprived of liberty shall promptly be taken before the investigating judge, but no later than 24 hours after the deprivation of liberty.
Ordering Detention in Investigation
Article 279
(1) Upon filing a motion for detention of a defendant pursuant to Article 275 paragraph 4 of the present Code, after being satisfied that other measures referred to in Article 163 paragraph 1 of the present Code cannot ensure the presence of the defendant or create conditions for an unimpeded conduct of the criminal proceedings, the State Prosecutor shall issue a decision on a temporary holding of the defendant in accordance with Article 267 of the present Code if the State Prosecutor has not ordered the holding of the suspect prior to issuing an order of launching investigation.
(2) Within the duration of holding, the investigative judge shall examine the accused person and decide whether to impose detention or dismissal the motion for having the defendant detained.
(3) In the case referred to in paragraph 2 of this Article, if the investigative judge fails to issue a ruling ordering detention before the expiry of the holding time limit, the accused person shall be released without delay.
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
(c) A person being transported shall be detained in custody during the period of transit;
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.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.