Detention pending surrender

Republic of Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 263. Detention

Detention is the deprivation of the liberty of a person, for a period of time of up to 48 hours, without a decision of an investigating judge, if conditions for detention exist.

Section 699. Detention of a Person for the Purpose of Extradition

(1) An investigator or prosecutor may detain a person for up to 72 hours for the purpose of extradition, if there are sufficient grounds to believe that such person has committed a criminal offence in the territory of another country regarding which extradition has been provided for, or if the a foreign country has announced a search for such person and issued a request for temporary arrest or extradition.

Section 702. Extradition Arrest

(1) An extradition arrest may be applied after a request regarding the extradition of a person has been received along with the following:

1) a request of a foreign country regarding the arrest of such person or a judgment that has entered into effect in relation to the specific person;
2) a description of a criminal offence or a decision to hold the person criminally liable;
3) the text of the section of the law on the basis of which the person has been held criminally liable or convicted, and the test of the section of the law that regulates a limitation period;
4) information regarding the person to be extradited.

Section 901. Examination, Deciding, and Fulfilment of a Request for the Transfer of a Person

(1) A request regarding the transfer of a person to an international court shall be examined, a person shall be detained, arrested, and all the matters related to the request shall be decided and fulfilled in accordance with the procedures laid down in Sections 698-711 of this Law.

(2) A request of an international court regarding the transfer of a person has priority in comparison with an extradition request submitted by another country. If an international court has not itself specified with a decision that a specific case is only under the jurisdiction of the international court, the order of competing requests shall be determined by the competent authority, in conformity with the provisions of Section 709 of this Law.

Rome Statute

Article 89 Surrender of persons to the Court

3.

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