MEASURES FOR SECURING THE PRESENCE OF A DEFENDANT AND UNDISTURBED CONDUCT OF CRIMINAL PROCEEDING
General rules on detention order
(1) Detention may be ordered only under the conditions set forth in the present Code and only if the purpose for ordering detention cannot be successfully accomplished by any other measure.
(2) Duration of detention shall have to be reduced at all times to the shortest period.
(3) Obligation of all authorities involved in the criminal proceeding and those that provide legal aid, is to act immediately and without any unnecessary delay if the defendant is in detention.
(4) In the course of the proceeding, detention shall be vacated ex officio as soon as reasons for detention cease to exist.
Reasons for ordering detention
(1) Detention can be ordered if there is reasonable suspicion that a certain individual has committed a criminal offence, if detention is necessary in order to provide unobstructed conduct of criminal proceeding and if any of the following reasons exist:
1) if defendant is in hiding or it is impossible to determine his identity, or the circumstances imply to danger of escape;
2) if there are circumstances indicating that defendant is to destroy, hide, alter or forge evidence of criminal proceeding or other evidence; or if specific circumstances indicate to disruption of criminal proceeding by defendant through the influence on witnesses, accomplices or aiders and abettors;
3) if specific circumstances indicate that defendant shall repeat a criminal offence or complete the attempted one, or perpetrate criminal offence he threatens to commit;
4) if sentence prescribed by the Code for the criminal offense is 10 years of imprisonment and order of detention is unavoidable because of the way of execution, consequences or other especially severe circumstances of criminal offense;
5) if duly summoned defendant avoids appearing at trial, or the Court tried on several occasions to serve the defendant with summons, and all circumstances indicate that defendant is avoiding receiving the summons;
6) if defendant has been sentenced by the first instance court to five years in prison or more, and ordering detention is obviously justified because of the manner of execution, consequences or other particularly severe circumstances of the criminal offense.
(2) In cases referred to in paragraph 1 of this Article, detention order solely for the reason of not being able to establish the identity of the person, shall last only until his identity has been established. In cases referred to in paragraph 2 of this Article, detention shall be vacated as soon as evidence because of which detention was ordered, have been obtained. Detention ordered for reasons set forth in paragraph 1, item 5 of this Article, may last until the judgment is rendered, but not longer than one month.
Order of detention, contents of the detention ruling and right to appeal detention
(1) Detention shall be ordered, at the proposal of the Public Prosecutor by a ruling of the Court having jurisdiction.
(2) A ruling ordering detention shall contain: the first name and the surname of a person against whom a detention is ordered, the criminal offence he is charged with, the legal ground for detention, the duration of detention, the time the person was deprived of liberty, instructions on the right to appeal, the statement of reasons with a separate statement on the grounds for ordering detention, the official seal and the signature of the judge who ordered detention.
(3) Defendant and his defense counsel are entitled to file an appeal against the ruling to a Chamber (Article 24, paragraph 6) within 24 hours from the moment of the receipt of the ruling. Appeal does not stay the execution of ruling.
Duration of detention in investigation
(1) Based on decision given by Investigative Judge, defendant can remain in detention up to one month from the day of arrest. After this deadline, defendant can be held in detention based only on ruling on extending the detention.
(2) Detention can be extended by a decision of the Chamber (Article 24, paragraph 6) for up to two months. Filing of appeal against this ruling is allowed but it does not stay the execution of the ruling.
(3) The decision on the appeal from paragraph 2 of this Article, shall be brought by the Chamber of a court with directly higher jurisdiction.
(4) If the proceeding is conducted for the criminal offense punishable with up to five years in prison or more, the Chamber of the Supreme Court of Serbia may, upon a explained motion of the Investigative Judge or Prosecutor, for very important reasons, extend the detention no longer than for three months. Appeal is allowed against this ruling but it does not stay the execution of the ruling, and this appeal shall be decided by the Supreme Court of Serbia in a Chamber composed of three judges.
(5) Defendant shall be released from detention if, by the end of terms stipulated in paragraphs 2 and 4 of this Article, the indictment has not been raised.
Vacating of detention during investigation
(1) In the course of investigation, Investigative Judge can vacate detention with consent of the competent Prosecutor. If there is no consent between Investigative Judge and the Prosecutor, Investigative Judge shall request the Trial Chamber to decide thereof (Article 24, paragraph 6 of the Code), which is obliged to render a decision within 48 hours.
(2) If detention has been vacated due to expiration of the term it was set fort, the decision thereof shall be rendered by the Investigative Judge.
Duration of detention after investigation has been concluded
(1) After the indictment has been submitted to the Court, until the termination of trial, the detention may be ordered or vacated by the ruling of the Trial Chamber upon the proposal of the Prosecutor
(2) Even without a motion submitted by parties, the chamber is bound to review whether the grounds for detention still exist and to extend or vacate it by a ruling every month from the moment the last ruling on detention becomes final, and every two months from the moment the indictment becomes final.
(3) Appeal against the ruling from the paragraphs 1 and 2 of this Article does not stay the execution of the ruling..
(4) In the case of joint proceeding against several detained persons, their appeals against the ruling from paragraphs 1 and 2, shall be decided at the same time, without interruption of the trial
(5) The chamber of the directly higher court shall decide on the appeals against rulings from paragraphs 1 and 2 of this Article.
Information on arrest
(1) Public Prosecutor, Police, i.e. Court, is obliged to immediately, and no later than within 24 hours, inform the family or the spouse of the person under arrest, about the arrest, unless arrested person explicitly objects it.
(2) If the arrested person explicitly objects that some of the persons from paragraph 1 of this Article are to be informed on his arrest, such person shall confirm this decision by signing statement given on record or its own personal statement.
(3) Authorized social services shall be informed about the arrest, if it is necessary to undertake measures for securing children and other family members that arrested person is taking care of.
7. Rights of detainee
Protection of dignity of detainee, possibility of application of certain restrictions
and rules of accommodation of detainees
(1) In the course of detention personal integrity, honor and dignity of detainee shall not be violated.
(2) Restrictions that can be applied towards the detainee are only those that prevent escape, instigation of third persons to destroy, hide, alter or forge evidence or other traces of criminal proceeding and direct or indirect contacts of detainees initiated to influence witnesses, accomplices and aiders and abettors.
(3) Detainees of opposite sex shall not be detained in the same room. According to the rules, same room cannot hold persons under reasonable suspicion to have
participated in committing the same criminal offence, nor persons serving their sentence with persons in detention. Persons for whom reasonable suspicion exists that they are repeated offenders shall not be, if possible, placed in the same room with other detainees, for the reason of possible harmful influence. In the course of placement of detainees into certain premises and collective accommodation, attention shall be paid, to the extent possible to the level and type of educational background, language they use and understand, personal preferences and type of criminal offense they are charged with.
Right to vacation, movement, personal clothes and other personal belongings and
rights and obligations in performance of certain duties
(1) Detainee shall have the right to eight hours of uninterrupted night rest everyday.
(2) Detainee shall be provided with movement on fresh air in duration of at least two hours per day.
(3) Detainees have a right to wear personal clothes, to use their sheets and obtain and use at their own expense food books, expert publications, press, tools for drawing and writing and other things suited for their daily needs, except for objects that can injure, violate health and safety, or can be used for escape.
(4) In the course of the investigation, the Investigative Judge may ex officio or at the motion of the Public Prosecutor rule to temporarily forbid or restrict a detainee’s right to read newspapers, if this may be prejudicial for the course of the proceedings. Appeal can be taken from the ruling of the Investigative Judge to the Chamber from Article 24, paragraph 6 of the present Code.
(5) Detainee may be obliged to work on maintenance of the room he resides in. If detainee requests so, the Investigative Judge, i.e. President of the Chamber, in agreement with the Prison Administration, may allow him to work in prison premises corresponding to his mental and physical capacity or to be involved in his regular duties, providing that this is not prejudicial for the course of the proceedings. Detainee is entitled to a fee for this work, determined by the Prison Warden.
Visitation right and right to communicate with other persons
(1) Upon the approval of the Investigative Judge and under his supervision or
supervision of assigned persons, within the boundaries of the rules of behavior of
the institution, detainee can be visited by a spouse or common-law partner, as well
as his close relatives, and based on his demand – by a physician and other persons. Certain visitations can be prohibited if it is prejudicial for the course of the proceeding.
(2) Diplomatic and consular representatives of foreign states that are signatory parties to international conventions have the visitation right, with the knowledge of the Investigative Judge, and speak without supervision with detainees who are citizens of their states. Investigative Judge shall inform the Head of the facility where detainee is being detained on the visitation of diplomatic and consular representatives.
(3) Detainee may maintain correspondence with persons outside the prison, with the knowledge of and under the supervision of the Investigative Judge. Investigative Judge may prohibit mailing and receiving of letters and other parcels that are prejudicial for the course of the proceeding. This restriction does not apply to letters exchanged by detainee with international courts and national parliamentary, judicial and executive authorities, as well as letters exchanged with defense counsel, except if an insight into the correspondence with the defense counsel did not prove to be justified. (Article 75, paragraph 4). Mailing of pleads, appeals or motions may never be prohibited.
(4) After raising the indictment and until the judgment becomes final, authorization pursuant to paragraph 1 to 3 of this Article shall be carried out by the President of the Chamber.
Disciplinary offences of detainees
(1) Investigative Judge or President of the Chamber may, for disciplinary offences, impose disciplinary penalty of restricted visitation right. This restriction does not apply to communication with defense counsel. Detainee shall not be punished before he is informed of the disciplinary proceeding against him, nor before he was enabled to state his defense and before the Court has examined the case.
(2) Appeal may be taken from the ruling referred to paragraph 1 of this Article to the Chamber (Article 24, paragraph 6) of the court having jurisdiction within 24 hours from the hour when ruling was served on the detainee. Appeal does not stay the execution of the ruling. Trial Chamber shall decide on the appeal within eight days from the day when the appeal was filed.
Detailed regulation on detention
Pursuant to the provisions of this Code a more detailed regulation of executing detention order shall be issued by the Minister in charge of the judiciary.
THE COURSE OF PROCEEDINGS
A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE
Interrogation of a suspect brought before the Investigative Judge
(4) Immediately after interrogation, the Investigative Judge shall decide whether to release a person deprived of liberty or to order a detention against him.
THE COURSE OF PROCEEDINGS
A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE
Temporary confinement of a suspect by the Public Prosecutor or Police in
(1) Public Prosecutor or police authority may exceptionally, and no longer than for 48 hours from the moment of deprivation of liberty, i.e. answering a summons, temporarily confine a suspect deprived of liberty pursuant to Article 262, paragraph 1, as well as the suspect from Article 260, paragraphs 1 and 3, if they determine that some of the reasons from Article 174, paragraph 1 of the present Code exist.
(2) The Public Prosecutor or police authority shall immediately, and no longer than within 2 hours, issue a written ruling with explanation on confinement and serve it on the confined person. The ruling shall contain a criminal offense the suspect is charged with, grounds for suspicion, reason for confinement, day and hour of deprivation of liberty or appearance upon summons, as well as the time of the beginning of confinement.
(3) The suspect and defense counsel have the right to appeal the ruling on confinement, which shall immediately be submitted to the Investigative Judge. The Investigative Judge is obligated to decide on the appeal within a term of four hours from the receipt of the appeal. The appeal shall not stay the execution of the ruling.
(4) Public Prosecutor or the police authority, are obligated immediately to inform the Investigative Judge on confinement. The Investigative Judge may request the confined person be immediately brought before him.
(5) The suspect is entitled to the rights referred to in Article 260 of the present Code.
(6) The suspect must have a defense counsel as soon as the Public Prosecutor or police authority render a ruling on provisional confinement. Public Prosecutor or police authority are obligated to inform the suspect immediately of his right to retain a defense counsel, to make possible for the suspect to notify the defense counsel in his presence, by telephone or other means of electronic message transmitter, either directly or with a help of his family members or a third person whose identity must be known, and if it necessary the suspect shall be assisted in retaining a defense counsel.
(7) If the suspect does not retain a defense counsel by himself, Public Prosecutor or the police authority shall make one available to him ex officio, from the list submitted by a respective Counsel Bar Association. The interrogation of the suspect shall be prolonged until defense counsel appears, but not longer than for six hours. If the presence of defense counsel is not secured even by that time, the Public Prosecutor or Police shall release the suspect or bring him before the competent Investigative Judge without delay.
(8) The interrogation of a suspect that has been confined is being conducted pursuant to the Article 260 of the present Code.
Ordering detention in the preliminary investigation
(1) Public Prosecutor shall upon having previously issued an Order of confinement (Article 264, paragraph 1) issue an Ruling on instigating the investigation without any delay, which shall be submitted immediately, along with the Motion that the defendant be placed in detention to the Investigative Judge, who shall act pursuant to Article 274, paragraph 2 of the present Code, in which case the provisions from Article 274, paragraphs 3-5 of the present Code shall be applied.
(2) If the Order of Confinement was issued by the Police, it shall notify of it the Public Prosecutor, who may act pursuant to the provisions of paragraph 1 of the present Article.
(3) If the Public Prosecutor within the time frame set forth in Article 264, paragraph 1 of the present Code, does not suggest setting of detention, the suspect shall be released without delay.
THE COURSE OF PROCEEDINGS
B. PRELIMINARY PROCEEDINGS
Ordering detention during investigation
(1) When the Public Prosecutor proposed, in accordance with the Article 273 paragraph 5 of the present Code, the defendant to be placed in detention, because he found that no other measure stipulated in the Chapter IX of the present Code may secure the presence of the defendant, i. e. the conditions necessary for the unobstructed conduct of the proceedings, the Public Prosecutor shall render a ruling on temporary confinement of the defendant, pursuant to the Article 264 paragraph 1 of the present Code, in the case of which the provisions set forth in the Article 264 paragraphs 2 to 7 of the present Code shall be applied.
(2) The Investigative Judge shall interrogate the defendant within the term of 36 hours from the inception of confinement about the circumstances relating to the existence of the reasons stipulated in the Article 174 paragraph 1 of the present Code, after which he shall render the Ruling on detention, or if he disagrees with the motion of the Public Prosecutor, he shall ask the chamber referred to in the Article 24 paragraph 6 of the present Code to decide on this issue. The chamber referred to in the Article 24 paragraph 6 of the present Code shall, within the term stipulated in the Article 264 paragraph 1 of the present Code, render the Ruling on detention or the Ruling on dismissing Public Prosecutor’s motion to place the defendant in detention.
(3) If the Investigative Judge or the chamber referred to in the Article 24 paragraph 6 of the present Code, in the case referred to in the paragraph 2 of the present Article, does not render the Ruling on detention within a term stipulated in the Article 264 paragraph 1 of the present Code, the defendant shall immediately be released.
(4) The Ruling on detention shall be served on the defendant in the moment of his deprivation of liberty, and not later than 24 hours from the moment he was deprived of liberty. The files must contain both the day and the hour of the deprivation of liberty and the day the ruling on detention was served. The defendant and his defense counsel may file an appeal against the ruling on detention within a term of 24 hours from the moment the ruling was served. The chamber referred to in the Article 24 paragraph 6 shall, within the term of 48 hours, decide on an appeal from the Investigative Judge’s Ruling on detention, and the decision on an appeal from the ruling of the chamber referred to in the Article 24 paragraph 6 (paragraph 2 of the present Article) will be brought within the term of 48 hours by the chamber of the first higher instance court. An appeal, the Ruling on detention and other files shall be immediately submitted to the chamber. An appeal against the ruling does not stay its execution.
(5) The Private Prosecutor may appeal a ruling of the chamber (Article 24 paragraph 6 of the present Code) that dismissed his motion to place the defendant in detention, within the term of 24 hours from the moment the ruling was served. An appeal against this ruling does not stay its execution, and the chamber (Article 24 paragraph 6) of the court of higher instance shall rule on it within the term of 48 hours.
MEASURES TO SECURE THE PRESENCE OF THE DEFENDANT AND FOR UNOBSTRUCTED CONDUCT OF CRIMINAL PROCEEDINGS
2. Specific Measures
a. Basic Provisions
Basic Rules on Ordering Detention
Detention may be ordered only under the conditions specified in this Code and only if the same purpose cannot be achieved by another measure.
It is the duty of all authorities participating in criminal proceedings and authorities providing legal assistance for them to keep the duration of detention as short as possible and to act especially expeditiously if the defendant is in detention.
For the duration of the proceedings, detention will be revoked as soon as the reasons for which it was ordered cease to exist.
Reasons for Ordering Detention
Detention may be ordered against a person for whom there exists grounded suspicion that he has committed a criminal offence if :
1) he is in hiding or his identity cannot be established or in the capacity of defendant he is clearly avoiding appearing at the trial or if there exist other circumstances indicating a flight risk ;
2) there exist circumstances indicating that he will destroy, conceal, alter or falsify evidence or traces of a criminal offence or if particular circumstances indicate that he will obstruct the proceedings by exerting influence on witnesses, accomplices or concealers ;
3) particular circumstances indicate that in a short period of time he will repeat the criminal offence, or complete an attempted criminal offence, or commit a criminal offence he is threatening to commit;
4) the criminal offence with which he is charged is punishable by a term of imprisonment of more than ten years or a term of imprisonment of more than five years for a criminal offence with elements of violence, or he has been sentenced by a court of first instance to a term of imprisonment of five years or more, and the way of commission or the gravity of consequences of the criminal offence have disturbed the public to such an extent that this may threaten the unimpeded and fair conduct of criminal proceedings.
In the case referred to in paragraph 1 item 1) of this Article, detention ordered solely because the identity of the person cannot be established lasts only until that identity is established, and detention ordered solely because a defendant obviously avoids appearing at the trial may last until the publication of the judgment. In the case referred to in paragraph 1 item 2) of this Article, detention will be revoked as soon as the evidence because of which detention was ordered is secured.
When it pronounces a judgment ordering a term of imprisonment of less than five years, the court may order detention for a defendant who is at liberty if the reasons referred to in paragraph 1 items 1) and 3) of this Article exist, and it will revoke detention for a defendant who is in detention if the reasons for which it was ordered no longer exist.
Deciding on Detention
The court decides on ordering detention on a motion by the public prosecutor, and after the indictment is confirmed, also ex officio.
Before issuing the decision referred to in paragraph 1 of this Article, the court will question the defendant in connection with the reasons for ordering detention. The questioning may be attended by the public prosecutor and the defence counsel.
The court is required to inform in a suitable manner the public prosecutor and the defence counsel on the time and place of the defendant’s questioning. The questioning may also be performed in the absence of persons duly notified.
By exception from paragraph 2 of this Article, the decision ordering detention may be issued without questioning the defendant if the circumstances referred to in Article 195 paragraph 1 items 1) and 2) of this Code, or a danger of delays, exist.
If detention was ordered in accordance with paragraph 4 of this Article, the court will within 48 hours of the hour of the arrest question the defendant in accordance with the provisions of paragraphs 2 and 3 of this Article. After the questioning, the court will decided whether to leave the decision ordering detention in force or to repeal detention.
Ruling Ordering Detention
Detention is ordered by a ruling of the competent court.
The ruling ordering detention contains : the first name and surname of the person being detained, criminal offence with which he is charged, legal basis for the detention, time for which detention is being ordered, time of the arrest, advice on a right to an appeal, substantiation of the grounds and reasons for ordering detention, official seal and signature of the judge who orders detention.
The ruling ordering detention is served to the defendant at the time of his arrest, or no later than 12 hours after he has been remanded to custody. The file must specify the date and hour of the arrest of the defendant and service of the ruling.
Detention during the Investigation
Detention during the investigation may be ordered, extended or repealed by a ruling of the judge for preliminary proceedings or the panel (Article 21 paragraph 4).
The ruling extending or repealing detention is issued ex officio or on a motion of the parties and the defence counsel.
The parties and defence counsel may appeal against the ruling on detention to the panel (Article 21 paragraph 4). The appeal, ruling and other documents are immediately delivered to the panel. An appeal does not stay execution of the ruling.
A decision on the appeal is issued within 48 hours.
Duration of Detention during the Investigation
Based on ruling of the judge for preliminary proceedings, a defendant may be kept in detention for a maximum of three months from the date of being deprived of liberty. The judge for preliminary proceedings is required, even without a motion by the parties or defence counsel, to examine at the end of each 30 days whether the reasons for detention still exist and to issue a ruling extending or repealing detention.
A panel of the immediately higher court (Article 21 paragraph 4) may, acting on a reasoned motion of the public prosecutor, for important reasons extend detention by a maximum of another three months.
An appeal is allowed against that ruling, but it does not stay execution of the ruling.
If no indictment is filed by the expiry of the time limits referred to in paragraphs 1 and 2 of this Article, the defendant will be released.
Detention after an Indictment has been filed
From the filing of the indictment to the court until the commitment of the defendant to serve a custodial criminal sanction, detention may be ordered, extended or repealed by a ruling of the panel.
The ruling ordering, extending or repealing detention is issued ex officio or on a motion of the parties and the defence counsel.
The panel is required even without a motion of the parties and the defence counsel to examine whether reasons for detention still exist and to issue a ruling extending or repealing detention, at the expiry of each 30 days until the indictment is confirmed, and at the expiry of each 60 days after the indictment is confirmed and up to the adoption of a first instance judgment.
If after the indictment is confirmed detention is repealed because there are no grounds for suspicion about the existence of a criminal offence, the court will examine the indictment in accordance with Article 337 of this Code.
The parties and the defence counsel may appeal against the ruling referred to in paragraph 2 of this Article, and the public prosecutor may also appeal against a ruling denying a motion for ordering detention. The appeal, ruling and other documents are immediately delivered to the panel. An appeal does not stay the execution of the ruling.
Detention ordered or extended in accordance with the provisions of paragraphs 1 to 5 of this Article may last until the commitment of the defendant to serve a custodial criminal sanction, but no longer than the expiry of the duration of the criminal sanction pronounced in the first-instance judgment.
COURSE OF THE PROCEEDINGS
2. Authority of the Authorities Conducting Pre-investigation Proceedings
Keeping a Suspect in Custody
The public prosecutor may exceptionally keep in custody for the purpose of questioning a person arrested in accordance with Article 291 paragraph 1 and Article 292 paragraph 1 of this Code, as well as the suspect referred to in Article 289 paragraphs 1 and 2 of this Code, not more than 48 hours from the time of the arrest, or the response to a summons.
The public prosecutor, or upon his authorisation, the police, issues and serves a ruling on custody immediately, or not more than two hours after the suspect was told that he would be kept in custody. The ruling must specify the offence of which the suspect is accused, grounds for suspicion, date and time of deprivation of liberty or response to a summons, as well as time of commencement of the custody.
The suspect and his defence counsel are entitled to appeal against the ruling on custody within six hours of the delivery of the ruling. A decision on the appeal is issued by the judge for the preliminary proceedings within four hours of receiving the appeal. The appeal does not stay the execution of the ruling.
The suspect is entitled to the rights referred to in Article 69 paragraph 1 of this Code.
The suspect must have a defence counsel as soon as the authority conducting proceedings referred to in paragraph 2 of this Article issues a ruling on custody. If the suspect does not retain a defence counsel on his own within four hours, the public prosecutor will secure one for him ex officio, according to the order on the list of lawyers submitted by the competent bar association.
IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON
The Proceeding Before the Investigative Judge
The competent Investigative Judge to whom the arrested accused person has been brought (Article 23, paragraph 2) shall inform the accused person about his/her rights, interrogating him/her thereupon, in accordance with the provisions of the Criminal Procedure Code, about the circumstances contained in the request made by the International Criminal Court.
If the Investigative Judge establishes that the accused is the person referred to in the request of the International Criminal Court, the former shall pass a ruling on custody for the person concerned.
Within a period of 24 hours from the moment of receipt of such ruling the accused person and his/her Defence Counsel may appeal against the ruling referred to in paragraph 2 of this Article, which shall be addressed by the competent Chamber.
Custody ordered by the Investigative Judge's ruling may not exceed one month, whereas the competent Chamber may by decision, at the motion of the Public Prosecutor containing a rationale, extend this period for a maximum of another two months.
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.
IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON
Decision Taking on the Request of the International Criminal Court
Once a ruling on the request of the International Criminal Court has been passed, custody may be in force up to the point when the accused person is surrendered to the International Criminal Court, i.e. to the point when the ruling on refusing the request becomes final, within a period specified in the Constitution and law.
IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON
Appeal Against the Ruling on the Request of the International Criminal Court
The ruling referred to in Article 26, paragraph 4 of this Law may be appealed by the accused person and his/her Defence Counsel, whereas the competent Public Prosecutor may appeal against the ruling mentioned in Article 26, paragraph 6 of this Law.
The appeal referred to in paragraph 1 of this Article may be lodged within three days from the day of receipt of the ruling. It shall postpone the enforcement of the ruling.
The appeal referred to in paragraph 1 of this Article shall be decided upon by the Chamber of the directly superior Court, composed of five Judges.
The Chamber may reject the appeal lodged by the accused person and his/her Defence Counsel as inadmissible or untimely, turn it down as unreasonable or sustain it when reversing the ruling mentioned in Article 26, paragraph 4 of this Law by their own ruling, passing a ruling according to which the request for surrender of persons to the International Criminal Court is refused.
The Chamber may turn down the appeal filed by the Public Prosecutor as unreasonable or it may sustain it when reversing the ruling mentioned in Article 26, paragraph 6 of this Law by their own ruling, passing a ruling to surrender the accused person to the International Criminal Court.