Part 5 Additional Mutual Assistance

§ 54 Temporary Surrender
(relating to Article 93 para. 1 and 7 of the Rome Statute)

A person in Germany who is in pretrial detention or imprisoned or is in detention based upon an order regarding measures for the prevention of crime and the reformation of offenders (Maßregel der Besserung und Sicherung) shall be, upon request of the Court, temporarily surrendered to the Court or the authorities of a state designated by the Court for a different investigation there, for the taking of evidence in a proceeding pending against another, or for another objective foreseen in Article 93 para. 7(a) sentence 1 of the Rome Statute when:
1. after instruction set forth on the court record by a judge of the District Court in whose district the institution where is in custody is located, he declares his agreement therewith,
2. there is no expectation that as a result of the surrender the objective of the criminal proceeding or the execution of the sentence will be impaired,
3. it is ensured that the affected party, during the time of his surrender, with the exception of measures based upon criminal acts under Articles 70 and 71 of the Rome Statute, shall not be punished, nor subjected to another penalty, nor pursued by measures that could not also have been taken in his absence, and that in case of his release, he may leave the guest state or the state
designated by the Court, and
4. it is ensured that the affected party will be returned promptly after the taking of evidence, unless that has been waived.
Agreement (sentence 1 number 1) may not be retracted. The detention served due to the surrender shall be set-off against the detention to be served in Germany. § 27 para. 4 applies mutatis mutandis. This does not apply to detentions based upon Article 70 para. 3 of the Rome Statute that have been imposed by the Court and are to be enforced.

§ 55 Temporary Assumption of Jurisdiction and Transfer

(1) Persons outside the area in which this law is in force who are in detention or imprisoned or are in custody based upon an order imposing deprivation of liberty, shall be temporarily transferred upon request of the Court for an investigation taking place there or for the taking of evidence within the area of applicability of this law in a proceeding pending there and returned at an agreed point in time or upon request of the Court, except in the case where the Court waives the return, when it is guaranteed that the transferee, in the case of a waiver of return surrender by the Court, will be taken in by a foreign state. Prior to implementation of the temporary assumption of jurisdiction over the affected party, arrest shall be ordered in writing when the Court so requests or the return surrender could not otherwise be guaranteed.
(2) The arrest warrant shall contain:
1. the affected party,
2. the request for the taking of evidence in the presence of the affected party,
3. the information of the Court to the office to which the return surrender will occur, as well as
4. the reason for arrest.
§ 13 para. 3, § 14 para. 1, 2 sentence 1 and 3, para. 5 as well as § 18 apply mutatis mutandis.
(3) The arrest warrant shall be rescinded when:
1. the Court provides notice that detention is no longer necessary,
2. the Court gives its consent pursuant to para. 2 sentence 2,
3. the affected party shall be returned to the Court or to a state designated by the
Court, or
4. the Court has waived return surrender.
(4) The Higher Regional Court shall rule on objections of the affected party against the arrest warrant for transfer or against its execution. With agreement of the Court, the Higher Regional Court may revoke the arrest warrant for transfer or suspend it. § 116 para. 1 sentence 2, para. 4, §§ 116a, 123, and 124 para. 1, 2 sentence 1, para. 3 of the Criminal Procedure Code apply mutatis mutandis. If the Court does not agree to a revocation or quashing performance of the arrest warrant for surrender, the affected party shall promptly be returned to the Court or the authorities of a state designated by it. The affected party shall remain in custody throughout the completion of the return surrender.
(5) The Higher Regional Court shall rule regarding the continuation of the detention for transfer when the suspect has been in custody for a total of two months based upon an arrest warrant for transfer. Review of the order shall be repeated every two months. The Higher Regional Court may order that the review of the order shall take place within a shorter timeframe. Para. 4 sentences 2 – 5 apply mutatis mutandis.
(6) Persons outside the area in which this law is in force who are in detention or imprisoned or are in custody based upon an order imposing deprivation of liberty, shall be, upon request of the Court, brought for an investigation taking place against another there or for the taking of evidence within the area of applicability of this law in a proceeding pending against another and returned after the taking of evidence. Para. 1 sentence 2 as well as para. 2 – 5 apply mutatis mutandis with the exception that instead of the deadline in para. 5 of two months, a deadline of one month applies. In addition, § 14 para. 5, §§ 18, 20 para. 2, § 37 para. 4 and 5 sentence 1, 2 and 4 apply mutatis mutandis.