Duration of detention and criminal supervision
§ 289. (1) Detention or criminal supervision ordered before the indictment shall last until the decision of the court of first instance made in preparation for the trial, but for a maximum of four months.
(2) The court may extend the detention or criminal supervision from time to time for a maximum of four months.
(3) Prior to prosecution for the extension of detention or criminal supervision
a) the public prosecutor's office,
(b) in the case of a stay ordered at the request of the victim, the victim or the public prosecutor's office
make a motion to the court at least five days before the expiry of the coercive measure.
§ 290. (1) After the indictment, the detention or criminal supervision ordered or maintained by the court of first instance shall last until the announcement of the final decision of the court of first instance.
(2) Detention or criminal supervision ordered or maintained by the court of first instance after the announcement of the final decision and ordered by the court of second instance shall last until the end of the second instance proceedings.
(3) Detention or criminal supervision ordered or maintained by the court of second instance after the promulgation of the final decision, as well as ordered by the court of third instance, shall last until the end of the third-instance proceedings.
(4) in the case of annulment of a final decision of a court of first instance or a court of second instance and remittal, remand or criminal supervision ordered or maintained by a court of second or third instance pending a decision of the retrial court in preparation for a retrial, or in the case of an appeal, until the decision of the court entitled to hear the appeal pursuant to Section 630 (5).
(5) A stay ordered or maintained after an appeal against an order of a court of second instance or a court of third instance, or criminal supervision, shall last until the decision of the court ordering the conduct of the trial or the retrial is made.
§ 291. (1) If, after the indictment, from the maintenance or order of the criminal supervision or detention by the court of first instance
(a) six months have elapsed and the court of first instance has not yet given a decision, the court of first instance,
(b) one year has elapsed, the court of second instance at least every six months
review the justification for detention or criminal supervision.
2. The justification of the detention or criminal supervision ordered or maintained after the indictment shall be reviewed by the court of second instance every six months after the time limit specified in paragraph 1 ( b) , if the proceedings are pending before the court of third instance.
(3) If the trial court has ordered or maintained criminal supervision or detention pursuant to Section 290 (2) - (4), the six-month period specified in subsection (2) shall be calculated from this date.
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.