Article 33:
Where a crime is in the process of commission, the criminal investigation officer shall arrest the suspect present at the scene of the crime where there is sufficient evidence for his implication. A record of that shall be made and the Bureau of Investigation and Prosecution shall be immediately notified. In all cases, the person under arrest shall not be detained for more than twenty-four hours, except pursuant to a written order from the Investigator.
If the accused is not present, the criminal investigation officer shall issue an order for his arrest and a note to that effect shall be entered into the record.
Article 34:
The criminal investigation officer shall immediately hear the statement by the accused. If the accused fails to establish his innocence, the officer shall, within twenty-four hours, refer him, along with the record of the Investigator who shall within twenty-four hours, interrogate the accused under arrest and shall order either that the accused be detained or released.
Article 35:
In cases other than flagrante delecto, no person shall be arrested or detained except on the basis of order from the competent authority. Any such person shall be treated decently and shall not be subjected to any bodily or moral harm. He shall also be advised of the reasons of his detention and shall be entitled to communicate with any person of his choice to inform him of his arrest.
Article 36:
No person shall be detained or imprisoned except in the places designated for that purpose by Law. The administration of any prison or detention center shall not receive any person except pursuant to an order specifying the reasons and period for such imprisonment duly signed by the competent authority. The accused shall not remain in custody following the expiry of the period specified in that order
Article 103:
In all cases, the Investigator may, as the case may be, summon any person to be investigated, or issue a warrant for his arrest whenever investigation circumstances warrant it.
Article 104:
Each summons shall specify the full name of the person summoned, his nationality, occupation, place of residence, date of the summons, the time and date for his appearance, name and signature of the Investigator and the official seal. In addition, the arrest warrant shall instruct the public authority officers to arrest and bring the accused promptly before the Investigator in the event he refuses to appear voluntarily. Furthermore, the detention warrant shall instruct the detention center officer to admit the accused into detention center after explaining the offense with which he is charged and the basis thereof.
Article 105:
The summons shall be communicated to the person wanted for interrogation through one of the process servers or public authority officers who shall deliver a copy of the summons to that person, if available, or to an adult member of his family, residing with him.
Article 106:
The warrant issued by the Investigator shall be valid throughout the Kingdom.
Article 107:
If the accused fails to appear without an acceptable cause after having been duly summoned, or if it is feared that he may flee, or if he is caught "flagrante delecto", the Investigator may issue a warrant for his arrest and appearance even if the incident is of such kind for which the accused should not be detained.
Article 108:
If the accused has no known place of residence, he shall specify a place acceptable to the Investigator, failing which the Investigator may issue a warrant for his detention.
Article 109:
The Investigator shall promptly interrogate the accused who has been arrested. If this is not possible, he shall be kept in a detention center pending his interrogation. The period of detention shall not exceed twenty-four hours. On expiry of that period, the detention center officer shall notify the chairman of the relevant department which shall interrogate him promptly, or issue an order for his release.
Article 110:
If the accused is arrested outside the venue of the department conducting the investigation, he shall be brought to the investigation department in the area where he was arrested. This department shall verify all the relevant personal particulars and inform the accused of the incident attributed to him. His statements in respect thereof shall be recorded. If it is found necessary that he be transferred, he shall be notified of the place of his transfer.
Article 111:
If the accused objects to his transfer, or if his health condition does not permit such transfer, the Investigator shall be informed and shall promptly issue the necessary order
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.