Provisional arrest for national proceedings

Republic of Tajikistan

Criminal Executive Code of the Republic of Tajikistan

SPECIAL PART

Section V. Execution of the penalty of deprivation of liberty

Chapter 9. General provisions on execution of the penalty of deprivation of liberty

Article 75. Temporary detention of convicts in the remand prison or a prison

1. If there is a necessity to conduct investigative actions on a crime committed by another person, then the person sentenced to deprivation of liberty with penalty serving in the correctional or educational colony may be kept in the remand a prison for a period of up to four months upon sanction of the public prosecutor of the Gorno-Badakhshan Autonomous Region, regional public prosecutors, Dushanbe city public prosecutor, Chief Military public Prosecutor and for a period of up to six months upon sanction of the General public Prosecutor of the Republic of Tajikistan.

2. If criminal proceedings on a different crime are instituted against convict and if the preventative measure in the form of detention is imposed, then the term of detention in the remand prison is determined in accordance with the legislation of the Republic of Tajikistan.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

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.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.