PART 14. SPECIAL PROCEEDINGS
CHAPTER 54. INTERRELATIONS OF COURTS, PROSECUTORS AND INQUEST BODIES WITH APPROPRIATE INSTITUTION OF FOREIGN COUNTRIES AND OFFICIALS IN LEGAL ASSISTENCE IN CRIMINAL CASES
Article 485. Arrest or detention prior to the receipt of request for extradition
The person whose extradition is required, by petition of the applying country, can be arrested also prior to the receipt of the extradition request. The petition must contain references to the decision to arrest or to the verdict which came into legal force, indicating that the extradition request will be sent additionally. The petition on arrest prior to extradition request can be sent by mail, by telegram or by fax.
The person can also be arrested without the petition mentioned in the first part of this article, if there are legally envisaged grounds to suspect that he committed a crime in the territory of another country and is liable to extradition.
The appropriate institution of the foreign country which presented the request is immediately informed about the arrest or detention executed prior to receipt of the extradition request.
In accordance with parts 1 and 2 of this article, the arrested person is entitled to appear before court for the establishment or elimination of the prevention measure.
Article 486. Release from arrest or detention
The person arrested, based on grounds envisaged in article 485, part 1, if no extradition request will be received within 1 month after his arrest.
The person arrested, based on article 485, part 2, must be released, if no extradition request will be received within the period established in the legislation of the given state for arrest.
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
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.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.