Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other assistance


Part XII: Procedure in Criminal Cases in International Relations

Procedure in criminal cases in international relations

Chapter 62
Judicial assistance and service of documents in criminal cases

Article 589a. ยง 1. With respect to a person deprived of liberty within the territory of a foreign state, extradited temporarily in order to testify as witness or to conduct other procedural action with his participation before a Polish court or state prosecutor, the circuit court for the place of the performance of the action shall order placing the extradited person in a Polish penal establishment or detention facility for the period of his stay within the territory of the Republic of Poland, but not exceeding the term of deprivation of liberty specified in the state which extradited the person.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.