Detention pending surrender

Republic of Croatia

Croatia - Implementation of Statute of ICC 2003 (2004) EN

VI. ARREST AND SURRENDER OF ACCUSED

PROCEDURE BEFORE THE INVESTIGATION JUDGE
Article 32

(1) The competent investigation judge shall interrogate the accused about the matter, and if the judge establishes that this is the person whose arrest, temporary arrest or surrender was requested by the International Criminal Court, the judge shall order that this person be held in custody.
(2) The custody ordered by the investigation judge may have the maximum duration as the custody in the course of investigation in accordance with the Article 16 of this Law.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER


Article 31

(1) The competent investigative judge shall interrogate the person indicted about the matter, and if the judge establishes that this is the person whose apprehension, temporary apprehension or surrender has been requested by the International Criminal Court, the judge shall order that this person be held in custody.

(2) The custody ordered by the investigative judge may have the maximum duration as the custody during the investigation pursuant to Article 16 hereof.

(3) During the interrogation, the investigative judge shall establish whether the person indicted wants to surrender to the International criminal Court without the surrender procedure. In such a case a special document shall be drawn up in which the person in question shall confirm that he/she wants to surrender to the International Criminal Court without the surrender procedure, and that he/she waives all remedies which can be used in this procedure. In such a case the investigative judge shall decide on the need for custody in accordance with the provisions of the Law on Criminal Procedure.

(4) Exceptionally, the person indicted may make a statement before the public attorney in charge prior to the apprehension, and a document mentioned in paragraph 3 above shall be drawn up in such a case, to the effect that he/she wants to voluntarily surrender to the International Criminal Court without being subjected to the surrender procedure. In this case the public attorney may request the investigative judge to order the person indicted to be put in custody in accordance with the provisions of the Law on Criminal Procedure.

(5) The statement from paragraphs 3 and 4 above shall be irrevocable.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 34

(3) When the decision on the surrender has been issued, the custody may last until the surrender.

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;