Article 250. § 1. Preliminary detention may only occur on the basis of an order from the court.
§ 2. Preliminary detention shall be applied in the course of proceedings, upon a motion from the state prosecutor, by the district court in the district where proceedings are pending, and in cases not amenable to delay, by another district court. After an indictment has been filed, a preliminary detention shall be applied by the court before which the proceedings are pending.
§ 3. The state prosecutor, sending the motion referred to in § 1 together with the files of the case, shall, at the same time, order the suspect to be brought to court.
§ 4. Other preventive measures shall be applied by the court and, also in the course of proceedings by the state prosecutor.
Article 257. § 1. Preliminary detention shall not be applied if another preventive measure is sufficient.
§ 2. In applying temporary detention the court may reserve that the measure will be amended when an agreed bail is posted with the court within the prescribed time-limit.
Article 258. § 1. Preliminary detention may occur if:
there is good reason to fear that the accused may take flight or go into hiding, particularly if he has no permanent residence in this country or when his identity cannot be established or
there is good reason to fear that the accused would induce other persons to give false testimony or attempt to obstruct the criminal proceedings in some other manner.
§ 2. If the accused has been charged with a crime or with a misdemeanour carrying the statutory maximum penalty of deprivation of liberty of a minimum of 8 years, or if the court of the first instance sentenced him to a penalty of deprivation of liberty of no less than 3 years, the need to apply the preliminary detention in order to secure the proper conduct of proceedings may be justified by the severe penalty threatening the accused.
§ 3. Preliminary detention may also occur, in exceptional cases when there is good reason to fear that the accused charged with a crime or an intentional misdemeanour would commit an offence against life, health or public safety, particularly if he threatened to commit such an offence.
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.