Detention

Federal Republic of Germany

Germany - Act on cooperation in criminal matters 1982 (2021) EN

Section 26 Review of detention

(1) Where the person pursued is under arrest pending extradition, it is for the higher regional court to decide whether detention is to continue once the person pursued has spent a total of two months in detention, calculated from the day of apprehension, provisional arrest or the day on which the last decision was taken concerning the continuation of detention. The review of detention is repeated every two months. The higher regional court may order that the review of detention is carried out within a shorter time frame.

(2) Where the person pursued is under provisional arrest pending extradition or under provisional placement in a youth welfare services home (section 71 (2) of the Youth Courts Act), subsection (1) applies accordingly.

Section 27 Enforcement of detention

(1) The provisions concerning the enforcement of remand detention and section 119 of the Code of Criminal Procedure apply accordingly to the enforcement of provisional arrest pending extradition, of arrest pending extradition and of an arrest based on an order made by the judge at the local court.

(2) The public prosecution office at the higher regional court determines in which facility the person pursued is to be detained.

(3) It is for the president of the competent division at the higher regional court to make such court orders.

Rome Statute

Article 55 Rights of persons during an investigation

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.

Article 78 Determination of the sentence

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.

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;

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.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

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.