Part 2 Surrender of Persons

§ 11 Provisional Detention of Persons to be Surrendered
(relating to Article 59 para. 1 and 10 Article 92 of the Rome Statute)

(1) When there is a request of the Court for provisional arrest accompanied by the documents set forth in Article 92 para. 2 of the Rome Statute, provisional detention for surrender shall be ordered. The order of detention for surrender shall be rescinded when the suspect has been detained for a total of 60 days for the purpose of the surrender since the day of capture or provisional arrest without a request by the Court for arrest and surrender, nor presentation of the documents required by the Statute to the office responsible pursuant to § 68 para. 1, nor a declaration by the suspect within this deadline of his agreement with streamlined surrender (§ 33).

Part 2 Surrender of Persons

§ 11 Provisional Detention of Persons to be Surrendered
(relating to Article 59 para. 1 and 10 Article 92 of the Rome Statute)


(3) An of arrest for surrender pursuant to para. 2 shall be rescinded when the Court states that it does not want to make a corresponding request or the suspect, since the day of capture or provisional arrest, has spent one month in detention based upon the surrender, without a request by the Court for arrest and surrender or for provisional arrest having been received by the office responsible pursuant to § 68 para. 1. Upon receipt of a request by the Court for arrest and surrender or for provisional arrest, the deadline referred to in para. 1 sentence 2 shall be applied.

Part 2 Surrender of Persons

§ 28 German Criminal Proceeding and Request for Surrender

(2) If provisional detention for surrender of the suspect is ordered pursuant to § 11 para. 2 and the Court has not requested provisional arrest within the deadline foreseen in § 11 para. 3, the proceedings will be resumed. The proceedings will also be resumed when provisional detention for surrender of the suspect has been ordered based upon a request for provisional arrest pursuant to § 11 para. 1 sentence 1 and the Court has not requested arrest and surrender within the deadline set forth in § 11 para. 1 sentence 2. If the court has temporarily discontinued the proceedings, a court decision is required for resumption. Nothing shall hinder a discontinuance in accordance with para. 1 of a proceeding that had previously been resumed.

Part 2
Surrender of Persons

§ 15
Procedure After Provisional Arrest

(3) If the examination reveals that the captured person is not the person to which
the request or the criminal acts within the meaning of § 11 para. 2 relate, the judge of
the District Court shall order his release. Otherwise the judge of the District Court
shall order that the suspect shall remain in detention until there is a decision by the
Higher Regional Court. The public prosecution office attached to the Higher Regional
Court shall promptly obtain a decision of the Higher Regional Court; participation of
the Court shall be in accordance with Article 59 para. 4-6 of the Rome Statute. § 14 para. 5-7 apply mutatis mutandis.