Section 2: Arrest and surrender

Requests for arrest with a view to surrender issued by the International Criminal Court shall be sent, in the original and accompanied by all supporting documents, to the competent authorities pursuant to Article 87 of the Statute which, after ensuring that they are formally in order, shall transmit them to the Public Prosecutor at the Paris Court of Appeal and, at the same time, execute them throughout the territory of…

Any person apprehended by virtue of a request for arrest with a view to surrender must be brought before the public prosecutor with territorial jurisdiction within twenty-four hours. Within this period, the provisions of Articles 63-1 to 63-7 of this Code shall apply to him. After verifying the identity of this person, this magistrate informs him, in a language he understands, that he is the subject of a request for…

The person claimed is transferred, if necessary, and imprisoned at the prison within the jurisdiction of the Paris Court of Appeal. The transfer must take place within a maximum of five days of being presented to the public prosecutor, failing which the person claimed will be released immediately by decision of the president of the investigating chamber of the Paris court of appeal, unless the transfer has been delayed by…

The proceedings are immediately referred to the Investigating Chamber. The person claimed shall appear before it within eight days of being presented to the Public Prosecutor. At the request of the Public Prosecutor or the person claimed, an additional eight days may be granted before the hearing. An examination is then conducted, of which a report is drawn up. The hearings take place and the judgment is handed down in…

Where the investigating chamber finds that there is no obvious error, it shall order the surrender of the person claimed and, if he or she is free, his or her imprisonment for that purpose. Any other matter submitted to the investigating chamber shall be referred to the International Criminal Court, which shall take the appropriate action. The investigating chamber shall rule within fifteen days of the appearance of the person…

Applications for release or the lifting or modification of judicial supervision or electronically monitored house arrest may be made at any time to the Investigating Chamber of the Paris Court of Appeal, which shall proceed in accordance with Article 59 of the Statute and the procedure provided for in the articles 148-1 et seq of this Code. The Examining Magistrate’s Chamber shall rule by way of a judgment delivered in…

The judgment rendered by the Investigating Chamber and, where applicable, the place and date of surrender of the person claimed, as well as the duration of the detention undergone with a view to such surrender, shall be brought to the attention of the International Criminal Court, by any means, by the authorities competent under Article 87 of the Statute. The person claimed shall be surrendered within one month of the…

The provisions of articles 627-4 to 627-10 are also applicable if the person claimed is prosecuted or convicted in France for charges other than those covered by the request from the International Criminal Court. However, the person detained under these conditions may not be released under the articles 627-6,627-9 and the second paragraph of article 627-10. Proceedings before the International Criminal Court suspend, with regard to this person, the statute…

Transit through French territory shall be authorised in accordance with Article 89 of the Staff Regulations by the competent authorities pursuant to Article 87 of the Staff Regulations.

Where the court requests an extension of the conditions of surrender granted by the French authorities, the request shall be forwarded to the competent authorities pursuant to Article 87 of the Statute, who shall forward it, together with all supporting documents and any observations of the person concerned, to the Investigating Chamber of the Paris Court of Appeal. If, in the light of the documents in question and, where applicable,…