General Part
SECTION FOUR
COERCIVE PROCEDURAL MEASURES
Chapter XVI
DETENTION
Article 152. Detention in order to settle the question of forcibly sending the sentenced person to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release
152.1. In the following cases the institution or authority enforcing the sentence shall submit a recommendation for the court to give a decision on the detention of the sentenced person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release :
152.1.1. if the sentenced person escapes and hides or attempts to avoid going to the appropriate institution or authority ;
152.1.2. if the sentenced person constantly and intentionally evades performing the duties imposed on him by the court.
152.2. When making the decision about detention in order to settle the question of forcibly sending the sentenced person to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release, the court shall decide on the period of detention within 7 (seven) days of the date on which he was detained.
152.3. The court decision about the detention of a person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release shall be sent for enforcement to the police authority in the home area of the sentenced person. The authority which has implemented the decision about detention shall immediately inform the court of this.
152.4. The detention of a person in order to settle the question of forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release may not exceed the period set by the court; within this period the detained person shall be brought to court and the court shall examine the case without delay and decide about forcibly sending him to the place where the sentence or other final court decision is to be executed, replacing the penalty given to him with another or repealing his suspended sentence or conditional release, as well as whether the sentence handed down in the judgment is to be executed or the person is to be released.
SPECIAL PART
SECTION ELEVEN
SPECIAL PROCEEDINGS
Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS
Article 499. Handing over of an extradited person
499.2. If the competent authority of the foreign state does not accept the person concerned within 15 (fifteen) days of the date arranged for his extradition, the person shall be released from detention.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.