CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT
SECTION II: DETENTION PENDING SURRENDER AND SEIZURE
Art. 18 Search, arrest and seizure
1 Requests for search and arrest shall contain:
a. information as accurate and complete as possible describing the person sought, including information as to the person’s probable location;
b. a short statement of the facts including, where possible, the date and place of the act;
c. a statement of the existence of a valid warrant of arrest or a judgment of conviction against the person;
d. a statement that a request for surrender will follow.
2 If the Central Authority honors the request, it shall initiate a search for the person and order the arrest and, if necessary, search of the person.
3 Upon arrest, objects and assets shall be seized that may serve as evidence in proceedings before the Court or that derive from the criminal act.
4 Arrest and seizure shall be reported to the Central Authority. The Central Authority shall inform the Court immediately and ask the Court to make a request for surrender.
Art. 19 Warrant for arrest pending surrender
1 In anticipation of arrest or immediately after arrest the Central Authority shall issue a warrant for arrest pending surrender. The warrant shall include:
a. information concerning the person being prosecuted and the alleged act;
b. notification that the Court is asking for the surrender of the person;
c. notice of the right to appeal as provided in paragraph 4 and of the right to counsel.
2 If the person is not fit to remain in detention or if otherwise justified, the Central Authority may, after informing the Court and giving full consideration to the Court’s recommendations, order security measures other than detention.
3 Upon presentation of the warrant for detention pending surrender, the executing authorities shall ascertain whether the person is identical to the person designated in the request. The authorities shall explain to the person the conditions for surrender and for simplified surrender (art. 23). The person shall be questioned briefly regarding personal circumstances and whether and for what reasons the person objects to the warrant or to the surrender; the person’s counsel may assist at this hearing.
4 The warrant for detention pending surrender may be appealed within ten days of written presentation of the warrant; appeals must be lodged with the Federal Supreme Court. Articles 214 et seq. of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy.
Art. 20 Detention pending surrender
1 Detention pending surrender generally shall be maintained throughout the proceedings.
2 Detention may exceptionally be lifted at any stage of the proceedings if it appears justified under the circumstances. The person may at any time submit an application for interim release. Before reaching a decision, the Central Authority shall inform the Court and give full consideration to the Court’s recommendations. The decision of the Central Authority may be appealed within ten days of written presentation of the decision; appeals must be lodged with the Federal Supreme Court. Articles 214 et seq. of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy.
3 If the person already is being held in pre-trial detention or is serving a prison sentence, the warrant for detention pending surrender shall have the following effects in particular, subject to other instructions of the Court:
a. Without approval of the Central Authority, the person may neither be released nor deported from Switzerland.
b. Approval of the Central Authority shall be necessary for alleviation of the conditions of detention.
c. Visitation rights may only be granted and correspondence may only be censored in agreement with the Central Authority.
Art. 21 Release from detention pending surrender
1 If the request for surrender and supporting documentation are not received by the Central Authority, the Central Authority shall release from the detention pending surrender at the latest 60 days after the arrest.
2 If the person already is being held in pre-trial detention or is serving a prison sentence, the period of time in paragraph 1 shall begin upon transfer into detention pending surrender.
3 A release from detention as provided in paragraph 1 shall not prejudice subsequent arrest and surrender, if the request for surrender and supporting documentation are transmitted at a later time.
4 Articles 53–60 of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy to suspension of detention.
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.
(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.