Postponement of execution of ICC request


Germany - Cooperation with ICC 2002 EN

Part 2 Surrender of Persons

§ 27 Temporary Surrender
(relating to Article 89 para. 4 of the Rome Statute)

(1) If the approved surrender is postponed because there is a domestic criminal proceeding against the suspect or incarceration or measures for the prevention of crime and the reformation of offenders (Maßregel der Besserung und Sicherung) are to be executed, the suspect may be temporarily surrendered when the Court guarantees to return him at a particular point in time.
(2) Return of the suspect may be waived.
(3) If, in the proceedings for which the surrender was postponed, a fixed term of incarceration or a fine is imposed, the detention served up until the return or a waiver of return will be set-off in the proceedings before the Court. If the surrender is postponed because a fixed term of imprisonment is to be enforced against the suspect, the first sentence applies as appropriate.
(4) The office responsible for calculating the time spent in custody referred to in para. 3 shall determine the standards at its own discretion after a hearing with the public prosecution office attached to the Higher Regional Court. It may order that the set-off either completely or partially not occur when:
1. the deprivation of liberty ordered by the Court already completely or partially accounts for a punishment imposed or to be enforced by it, or
2. the set-off, in light of the conduct of the suspect after his surrender, is not justified.

Part 5 Additional Mutual Assistance

§ 48 Postponement of Completion

In matters under Article 93 para. 3-5, 9(b), Article 94 para. 1 and Article 95 of the Rome Statute, completion may be postponed until it has been determined how to proceed with the request in accordance with the Rome Statute.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95 Postponement of execution of a request in respect of an admissibility challenge

Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.