Contents of request for arrest and surrender - national law requirements

Islamic Republic of Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Section 2 Criminal Case

Chapter 4 Summon and Arrest Warrant

Summons

Article 92:

The prosecutor and court may summon anyone if in accordance with provisions of law their statements or appearance is considered useful and effective in legal prosecution. The police issue the summons letter.

Section 2 Criminal Case

Chapter 4 Summon and Arrest Warrant

Summon and Arrest Warrants

Article 93:

(1) The summons and arrest warrants shall be written in 3 copies out of which 1 copy will be filed in the office and 2 other copies will be submitted to the police officer. The police shall file 1 copy in the office and present the other copy to the summoned person. The issued orders shall contain the following information:

1– Name, father’s name, job and place of residence of the summoned person.

2– Name and address of the administration issuing the summons warrant.

3– Causes for issuing summons warrant and the law article which sanctions such order.

4– Time, place and date of appearance.

5– Obligations of police regarding issuance of the summons warrant and the measures that need to be taken by the police should the summoned person ignore the summons warrant.

(2) The summons warrant shall have a number and date and it shall be registered, signed and stamped by the issuing authority.

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.