Provisional arrest - release - national proceedings

Venezuela, Bolivarian Republic of

Constitution of the Bolivarian Republic of Venezuela 1999 (2009)

Title III
Duties, Human Rights and Guarantees

Chapter II
Nationality and Citizenship

Section Two: Citizenship

Article 44: Personal liberty is inviolable, therefore:

(1) No person shall be arrested or detained except by virtue of a court order, unless such person is caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of his or her arrest. He or she shall remain free during trial, except for reasons determined by law and assessed by the judge on a case-by-case basis.

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.