Section 271. Arrest
(1) Arrest is the deprivation of the liberty of a person that may be applied in the cases provided for by law to a suspect or an accused with a decision of an investigating judge, or a court ruling, before the entering into effect of a final ruling in specific criminal proceedings, if there are grounds for placing under arrest.
(2) The application of arrest shall be the grounds for a restriction on the rights of a person, and shall allow the holding of the person in an investigation prison or in specially equipped police premises.
(3) A person arrested has the right, with a permission of the person directing the proceedings, to meet and communicate with other persons which shall be notified to the person arrested and the place of imprisonment where the person arrested has been placed. In pre-trial proceedings the decision of the person directing the proceedings on refusal for the person arrested to meet and communicate with other persons shall be subject to appeal to the investigating judge. A permission of the person directing the proceedings shall not be required in order to meet with a defence counsel with whom an agreement in the particular criminal proceedings has been entered into or who is providing State-ensured legal aid in the particular criminal proceedings, a representative of the diplomatic or consular mission of the country of the foreigner, or the persons specified in the special law that determines the procedures for holding under arrest. In order to achieve the objective of criminal proceedings, the person directing the proceedings may take the decision to restrict meetings and communication for the persons specified in the special law which determines the procedures for holding under arrest. The decision of the person directing the proceedings to restrict meetings and communication is subject to appeal to an investigating judge. Submitting of a complaint shall not suspend the execution of the decision.
(4) A special law shall determine the procedures for holding under arrest.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.