Detention pending surrender

Russian Federation

Criminal Procedural Code of the Russian Federation

Part Five. International Cooperation in the Sphere of Criminal Court Proceedings

Section XVIII. Procedure for the Interaction of Courts, Prosecutors, Investigators and the Inquest Bodies with the Corresponding Competent Bodies and Officials of Foreign States and with International Organizations

Chapter 54. Extradition of a Person for the Criminal Prosecution or for the Execution of the Sentence

Article 466. Selection or Application of a Selected Measure of Restriction to Provide for the Person's Probable Extradition

1. When an inquiry is received from a foreign state for a person's extradition and, with this, a judicial decision on taking in respect of this person a measure of restraint in the form of placing in custody is not presented, the prosecutor, for the purpose of ensuring the possibility of the person's extradition, shall resolve the issue on the necessity to select a measure of restriction for the person in the procedure stipulated by this Code.

2. If to an inquiry on the person's extradition there is enclosed the decision of a judicial body of the foreign state on taking the person into custody, the prosecutor shall have the right to place the person under home arrest or to take him/her into custody without confirming said decision by a court of the Russian Federation.

3. The Procurator-General of the Russian Federation or his Deputy shall immediately notify the competent body of the foreign state, which has directed the inquiry for the person's extradition .

Rome Statute

Article 89 Surrender of persons to the Court


(c) A person being transported shall be detained in custody during the period of transit;