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

Kosovo

Kosovo - Criminal Procedure Code 2022 EN

Article 173
Order for Arrest

1. A pretrial judge, single trial judge or a presiding trial judge may issue an order for arrest ex officio, upon the application of the state prosecutor or, in exigent circumstances, upon the application of the police if the conditions under Article 184, paragraph 1. of this Code exist, or if a defendant, after being duly summoned, fails to appear and to justify his absence or if the summons could not be duly delivered and it is evident from the circumstances that the defendant is avoiding the receipt of the summons.

2. The order for arrest shall be issued in writing and shall contain: the name and surname of the defendant and other personal data known to the judge; the designation of the criminal offense with which he is charged and an indication of the pertinent provision of the Criminal Code and of the grounds on which the order is issued, and the official stamp and signature of the judge who orders the arrest. Unless the order for arrest specifies a different expiration date, the order for arrest shall expire at midnight on the three hundred sixty fifth (365th) day after it is issued.

3. The order for arrest shall be executed by the police.

4. The police officer in charge of executing the order shall serve the order on the defendant and ask the defendant to accompany him. If the defendant refuses to comply, the police officer shall compel him to appear.

5. An order for the compulsory appearance of police officers or guards in an institution in which persons are kept in detention shall be executed through the intermediary of their command or warden.

6. At the time of the arrest, the person shall be informed of the reasons for the arrest in a language which he understands and of his rights under Article 165 of this Code.

7. An arrested person shall, immediately after the arrest, and in any event no later than forty-eight (48) hours from the arrest, be brought before the judge who issued the order.

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.