PART TWO CRIMINAL PROCEEDINGS
CHAPTER X DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT AND MEASURES TO ENSURE PRESENCE OF THE DEFENDANT
SUB – CHAPTER II DEPRIVATION OF LIBERTY PRIOR TO INDICTMENT
Article 160
Provisional Arrest and Police Detention
If a person is caught in the act of committing a criminal offense prosecuted ex officio or is being
pursued, the police or any other person shall be authorized to arrest him provisionally even
without a court order. The person deprived of his liberty by persons other than the police shall
be immediately turned over to the police or, where that proves impossible, the police or the state
prosecutor must be immediately notified. The police shall act in accordance with Articles 161
and 162 of this Code.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER IV PRECONDITIONS FOR THE MAIN TRIAL
Article 302
Failure of Accused to Appear at Main Trial
1. Without prejudice to Article 303 of this Code, if a duly summoned accused fails to appear at
the main trial without justifying his absence, the single trial judge or presiding trial judge issues
an order for arrest of the accused in accordance with Article 173 of the present Code. If the
accused cannot be produced immediately, the single trial judge or trial panel adjourns the main
trial and order that the accused be compelled to appear at the next session or otherwise issues
a ruling suspending the criminal procedure, until the accused is brought before the court. If the
accused justifies his absence before being arrested, the single trial judge or presiding trial judge
revokes the order for arrest. The main trial commences as to the missing defendant when he
is arrested.
2. If a duly summoned accused is obviously evading the main trial and there are no reasons
for his detention on remand under Article 184 of the present Code, the single trial judge or
trial panel may order detention on remand to ensure his presence at the main trial. An appeal
against this ruling does not stay its execution. Articles 182 through 200 of the present Code
apply, mutatis mutandis, to detention on remand ordered for this reason. Unless terminated
earlier, the detention lasts until the announcement of the judgment, but no longer than one (1)
month.
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.