Provisional arrest - release - national proceedings

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Procedure Code 2010 EN

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
8. Detention

Article 190
(1) During the investigation the investigative judge may decide for abolition of the pre- trial custody.
(2) Against the decision of the investigative judge, an appeal is allowed within a period of 24 hours to the council under Article 22 paragraph (6) of this law.
(3) The council decides within the period of 48 hours and the appeal postpones the execution .

Rome Statute

Article 92 Provisional arrest

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.