Provisional arrest - consent to surrender

France

France - ICC Cooperation Law 2002 (FR)

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS

Article 627-14

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

A person who has been taken into preventative custody under the conditions provided for in article 92 of the statute may, if he consents to this, be handed over to the International Criminal Court, in accordance with article 87 of the statute, before the competent authorities have been seised of an official request for the transfer on the part of the international court.
The transfer decision is made by the investigating chamber of the Appeal Court of Paris after the latter has informed the person concerned of his right to an official transfer procedure, and has obtained his consent.
During his hearing before the investigating chamber, the person concerned may be assisted by an advocate of his choice, or failing this, an advocate officially nominated by the b√Ętonnier of the order of advocates and, if necessary, an interpreter.

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.