PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB-CHAPTER III MEASURES TO ENSURE PRESENCE OF DEFENDANT
C. ORDER FOR ARREST
Article 173
Order for Arrest
1. A pretrial judge, single trial judge or a presiding trial judge may issue an order for arrest
ex officio, upon the application of the state prosecutor or, in exigent circumstances, upon the
application of the police if the conditions under Article 184, paragraph 1. of this Code exist,
or if a defendant, after being duly summoned, fails to appear and to justify his absence or if
the summons could not be duly delivered and it is evident from the circumstances that the
defendant is avoiding the receipt of the summons.
2. The order for arrest shall be issued in writing and shall contain: the name and surname of the
defendant and other personal data known to the judge; the designation of the criminal offense
with which he is charged and an indication of the pertinent provision of the Criminal Code and
of the grounds on which the order is issued, and the official stamp and signature of the judge
who orders the arrest. Unless the order for arrest specifies a different expiration date, the order
for arrest shall expire at midnight on the three hundred sixty fifth (365th) day after it is issued.
3. The order for arrest shall be executed by the police.
4. The police officer in charge of executing the order shall serve the order on the defendant and
ask the defendant to accompany him. If the defendant refuses to comply, the police officer shall
compel him to appear.
5. An order for the compulsory appearance of police officers or guards in an institution in which
persons are kept in detention shall be executed through the intermediary of their command or
warden.
6. At the time of the arrest, the person shall be informed of the reasons for the arrest in a
language which he understands and of his rights under Article 165 of this Code.
7. An arrested person shall, immediately after the arrest, and in any event no later than forty-
eight (48) hours from the arrest, be brought before the judge who issued the order.
PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXVII PROCEEDINGS FOR ISSUING WANTED NOTICE AND PUBLIC ANNOUNCEMENTS
Article 535
Conditions for Issuance of a Wanted Notice
3. Wanted notice shall also be ordered in cases when a defendant has escaped from the
institution in which he is serving his punishment, irrespective of the amount of punishment, or
when he escapes from the institution in which he is serving a measure of mandatory treatment
which consists of the deprivation of liberty. In this case the order shall be issued by the director
of the institution.
4. International wanted notice may be requested in any of the situations provided for by the
present Article, by the respective authority when the wanted person is not in Kosovo or when
there is evidence that such person resides outside of Kosovo.
5. The request of the court or director of the institution for issuing international wanted notice
should be sent to the competent authority for issuing and dissemination thereof.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.