Contenu de la demande d’arrestation et remise – exigences de la législation nationale – consultations avec la Cour

République de Malte

Malta - Extradition Act 1982 (2014) EN

PART VI
SURRENDER OF OFFENDERS
TO THE INTERNATIONAL CRIMINAL COURT

26C. (2) If the request is accompanied by a warrant of arrest and the Attorney General is satisfied that the warrant appears to have been issued by the ICC, he shall apply to a Magistrate to authorise the execution of the warrant. The Magistrate shall authorise such execution where he is satisfied that the warrant purports to have
been issued by the ICC.
(3) If in the case of a person convicted by the ICC the request is not accompanied by a warrant of arrest, but is accompanied by -
(a) a copy of the judgment of conviction,
(b) information to demonstrate that the person sought is the one referred to in the judgment of conviction, and
(c) where the person sought has been sentenced, a copy of the sentence imposed and a statement of any time already served and the time remaining to be served,
the Attorney General shall apply to a Magistrate for the issue of a warrant for the arrest of the person to whom the request relates and shall attach the documentation and information referred to in this subarticle.

PART VI
SURRENDER OF OFFENDERS
TO THE INTERNATIONAL CRIMINAL COURT

26D. (1) Where the Minister receives from the ICC a request for the provisional arrest of a person alleged to have committed an ICC crime or to have been convicted by the ICC he shall transmit the request and the documents accompanying it to the Attorney General.
(2) Upon an application by the Attorney General stating that he has reason to believe -
(a) that a request has been made by the ICC for the arrest of a person, and
(b) that the person is in, or on his way to, Malta,
a Magistrate shall issue a warrant for the arrest of that person and shall notify the Minister of the issue of the warrant.

Statut de Rome

Article 91 Contenu de la demance d'arrestation et de remise

4. À la demande de la Cour, un État Partie tient avec celle-ci, soit d'une manière générale, soit à propos d'une question particulière, des consultations sur les conditions prévues par sa législation interne qui pourraient s'appliquer selon le paragraphe 2, alinéa c). Lors de ces consultations, l'État Partie informe la Cour des exigences particulières de sa législation.