Section 15
Arrest pending extradition

(1) After receipt of a request for extradition, arrest pending extradition may be ordered against the person pursued if
1. there is a danger that the person pursued will evade the extradition proceedings or extradition itself or
2. there is strong reason to believe, based on certain facts, that the person pursued will render more difficult the establishment of the truth in proceedings in the foreign state or in the extradition procedure.

(2) Subsection (1) does not apply if it appears, from the outset, that extradition is not permissible.


Section 16
Provisional arrest pending extradition

(1) Arrest pending extradition may be ordered under the conditions of section 15 even before receipt of the request for extradition if
1. the competent agency in the requesting state makes a request to that effect or
2. there is strong reason to believe, based on certain facts, that a foreign national has committed an offence which may provide grounds for extradition.

(2) The warrant of arrest pending extradition is to be lifted if the person pursued has spent a total of two months under arrest pending extradition, calculated from the day of apprehension or provisional arrest, without the request for extradition and the extradition documentation having been received by the authority designated in section 74 or by another agency competent to take receipt of them. Where a non-European state has requested the making of an order for provisional arrest pending extradition, the time limit is three months.

(3) Following receipt of the request for extradition and extradition documentation, the higher regional court gives a decision without delay as to whether detention is to continue.

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 The order of detention for surrender shall be rescinded when the suspect has been detained for a total of 60 days for the purpose of the surrender since the day of capture or provisional arrest without a request by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).
(2) Prior to receipt of the request for arrest and surrender or a request for provisional arrest, provisional detention for surrender may be ordered when the person has committed an act that would subject him to surrender to the Court and based upon certain criminal acts there is strong suspicion, and
1. danger exists that the suspect will flee prior to the surrender proceedings or implementation of the surrender, or
2. based upon certain criminal acts strong suspicion exists that the suspect will hinder the investigation of the truth in the Court’s proceedings or hinder the surrender proceedings.
Regarding a suspect against whom there is a strong suspicion of genocide (Article 6 of the Rome Statute) or crimes against humanity (Article 7 of the Rome Statute), provisional detention for surrender may also be ordered when certain criminal acts provide a basis that, without arrest of the suspect, the explanation of the acts that the suspect is accused of committing could be endangered. The appropriate measures should be used to ensure that the office responsible pursuant to § 68 para. 1 can inform the Court of the order of detention pursuant to sentence 1 or 2.
(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.