Article 3.


“Detention after Sentencing in the First Instance

Article 425a

When the panel renders a judgment and sentences a defendant who has been released pending trial to a term of imprisonment of less than five years, it will impose detention on him if the reasons referred to in Article 211 paragraph 1 items 1) and 3) of this Code exist, and release the defendant who has been kept in detention if the reasons due to which detention has been ordered have ceased to exist.

The panel will always revoke detention and order that the defendant be released in case of his acquittal, or if the indictment was rejected, or if he was pronounced guilty but released from serving the sentence, or if he was only fined, sentenced to community service or seizure of his driving license, or if he received a judicial admonition or was sentenced to probation, or if he has already served his sentence because of the calculation of detention in his sentence, or if the indictment was dismissed (Art 416), except in the case of a lack of subject-matter jurisdiction.

Provision of paragraph 1 of this Article will apply to the ordering or revocation of detention after announcement of the judgment and until the time it becomes final. This decision is rendered by the first instance court panel (Article 21 paragraph 4).

The opinion of the public prosecutor shall be obtained before the issuance of a ruling ordering or revoking detention in cases referred to in paragraphs 1 and 3 of this Article, when the proceedings are conducted at his request.

If the defendant is already in detention, and the panel finds that the reasons due to which detention was ordered still exist, or that the reason referred to in Article 211 paragraph 1 item 4) of this Code exists, the panel will issue a separate ruling on extending detention. The panel issues a separate ruling also when detention should be imposed or revoked. An appeal against the decision does not stay the enforcement of the ruling.

Detention that has been ordered or extended in accordance with the provisions of paragraphs 1 to 5 of this Article may last until the defendant, or the convicted person, has been sent to the institution where he will serve his sentence, but not longer than the time to which he was sentenced in the first instance judgment.”

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Release from Custody of the Accused Person Provisionally Arrested

Article 25

Having ruled on custody upon request of the International Criminal Court for provisional arrest of the accused person, the Investigative Judge shall immediately inform the Ministry about it, in accordance with Article 92 of the Statute.

Should the International Criminal Court fail to submit the request for surrender of the accused person referred to in paragraph 1 of this Article within a period specified in the Rules of Procedure and Evidence or should it fail to present required evidence and documents, the ruling on imposing custody shall cease to be in force. The Ministry shall immediately inform the Investigative Judge about it who shall, without delay, pass a decision on releasing the accused person.