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

ex-République yougoslave de Macédoine

Macedonia - Criminal Procedure Code 2010 EN

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
3. Apprehension

Article 177
(1) The order for apprehension of the accused one can be issued by the court if there is an existence of the grounds for pre-trial custody under article 184 of this law, if the decision for the pre-trial custody is already brought or if the accused one who was correctly summoned does not come, and if he does not justify his absence or if was not possible to complete the correct delivering of the summon, and from the circumstances it is obvious that the accused one avoids the reception of the summon.
(2) The order for apprehension is carried out by the Ministry of Internal Affairs.
(3) The order for apprehension is issued in writing. The order has to contain: the name of the accused who is to be apprehended, the title of the imposed crime with the notification of the provision of the Criminal Code, the reasons for ordering apprehension, an official seal and signature of the judge who is ordering the apprehension.
(4) The person entrusted with the order hands in the order to the accused and asks him to follow him. If the accused refuses it, he will apprehend him forcefully.
(5) Against army officials, police officials or security officials of an institution for persons deprived from their freedom, an order for apprehension will not be issued but from their headquarters i.e. institution it will be demanded the person to be apprehended .

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
8. Detention

Article 185
(2) The pre- trial detention is determined with a written decision which contains: the name of the person deprived from his freedom, the crime for which he is accused of, the legal ground for pre- trial detention, the name of the institution in which the pre- trial custody is carried out, instruction of his right to an appeal and a brief explanation with a special elaboration on the grounds on which the pre- trial detention is determined, an official seal and a signature by the judge who has determined the pre- trial detention .

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.