Detention pending surrender

French Republic

France - ICC Cooperation Law 2002 (FR)

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS

Article 627-8

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

Where the investigating chamber finds that there is no obvious error, it orders that the wanted person be handed over and, if the latter is free, his imprisonment for this purpose. All other questions submitted to the investigating chamber are sent to the International Criminal Court, which takes the appropriate action.
The investigating chamber rules within fifteen days of the wanted person’s appearance before it. Where an appeal is lodged, the criminal chamber of the Court of Cassation rules within two months of the Court of Cassation’s receipt of the case file.

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS

Article 627-6

The apprehended person is transferred, if necessary, and imprisoned in the prison for the area of the Appeal Court of Paris. The transfer must be made within five days at the latest from the time of his appearance before the district prosecutor, failing which the apprehended person is immediately set free on the order of the presiding judge of the investigating chamber of the Appeal Court of Paris, unless the transfer was delayed by insuperable circumstances.

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;