Provisional arrest - consent to surrender


Law on cooperation with the International Criminal Court


The Proceeding Before the Investigative Judge

Article 24

During the interrogation the Investigative Judge shall specifically establish whether or not the accused person consents to voluntarily appear before the International Criminal Court. Should the accused person confirm it in a special document, at the same time renouncing all legal remedies in the surrender procedure, the Investigative Judge shall pass a ruling on custody only if some of the reasons specified in the Criminal Procedure Code exist. The accused person shall otherwise be released with the setting of a bond, forbidden to leave the place of residence, and/or imposed other measures to ensure the presence of the accused person and an unimpeded conduct of the criminal proceeding, specified in the Criminal Procedure Code.

The Investigative Judge shall promptly inform the Ministry about the consent of the accused person which will, in turn, undertake required measures for the accused person to appear before the International Criminal Court without delay.

Rome Statute

Article 92 Provisional arrest

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.