Section 58.—The Court is empowered to issue an order or warrant in accordance with the rules and procedures prescribed by the regulation of the President of the Supreme Court.
Section 59.— The official or Court competent to issue an arrest warrant, search warrant or detention warrant may issue such warrant on its own initiative or upon an application.
Where there is an applicant, the official or Court issuing the warrant must first conduct an inquiry until sufficient grounds for issuing the warrant are established. Such grounds may be derived from information given under oath or from other circumstances.
In cases of urgent necessity, where there is a reasonable ground preventing the applicant from appearing before the Court, the applicant may submit an application to the Court by telephone, fax, electronic media or other appropriate information technology. Where the Court conducts an inquiry and finds reasonable grounds for issuing an arrest warrant or search warrant under Section 59/1, and orders that the warrant be issued, a copy of the warrant shall be sent to the applicant by fax, electronic media or other information technology, in accordance with the rules and procedures prescribed by the regulation of the President of the Supreme Court.
Where a warrant has been issued under paragraph three, the Court shall require the person applying for the warrant to appear before the Court and give evidence under oath without delay. The person’s statement shall be recorded and signed by that person and by the Court issuing the warrant. The signed record shall be kept in the Court file.
If it subsequently appears to the Court that the warrant was issued contrary to the law, the Court may order that the warrant be cancelled or amended. The Court may also order the applicant to correct or remedy any damage caused to the person concerned, as it considers appropriate.
Section 59/1.— Before issuing a warrant, there must be sufficient evidence to provide the Court with reasonable grounds to believe that a cause for issuing the warrant exists under Section 66, Section 69 or Section 71.
The Court’s order issuing the warrant or dismissing the application must specify the reasons for the order.
The filing of the application, the inquiry and the issuance of the order shall be conducted in accordance with the rules and procedures prescribed by the regulation of the President of the Supreme Court.
Section 60.— An arrest warrant, search warrant, detention warrant, imprisonment warrant or release warrant must be made in writing and contain the following particulars:
(1) The place where the warrant is issued;
(2) The day, month and year on which the warrant is issued;
(3) The grounds for issuing the warrant;
(4) The following information:
(A) In the case of an arrest warrant, the name or description of the person to be arrested;
(B) In the case of a detention warrant, imprisonment warrant or release warrant, the name of the person to be detained, imprisoned or released;
(C) In the case of a search warrant, the place to be searched and the name or description of the person, or the description of the property, to be searched for. The date and time of the search and the name and position of the officer conducting the search must also be specified;
(5) The following additional information:
(A) In the case of an arrest warrant, detention warrant or search warrant, the offence or legal proceeding concerned;
(B) In the case of an imprisonment warrant, the offence and the punishment imposed by the judgment;
(C) In the case of a detention warrant or imprisonment warrant, the place where the person will be detained or imprisoned;
(D) In the case of a release warrant, the grounds for the release;
(6) The signature and seal of the Court.
Section 66.— An arrest warrant may be issued on the following grounds:
(1) Where there is reasonable evidence that a person has committed a criminal offence punishable by a maximum term of imprisonment exceeding three years; or
(2) Where there is reasonable evidence that a person has committed a criminal offence and there are reasonable grounds to believe that the person will evade arrest, interfere with evidence or otherwise cause danger.
If such person has no fixed place of residence, or fails to appear in accordance with a summons or appointment without reasonable excuse, it shall be presumed that the person will evade arrest.
Section 67.— An arrest warrant may be issued for a person whose name is unknown, provided that the warrant contains as detailed a description of that person as possible.
Section 68.— An arrest warrant shall remain in force until the person has been arrested, unless the limitation period for the criminal offence specified in the warrant has expired or the official or Court that issued the warrant has cancelled it.
"Section 77.- The arrest warrant shall be exercised through the Kingdom.
The administration according to such arrest warrant will be administrated according any of document or evidence as follows:
(8) To cable to notify that the warrant has been issued;
(9) The copy of warrant sent by fax, electronic medium or technological information medium else, but all these, according to rule and procedure as designated by regulations of President of Supreme Court;
Administration according to (a) and (3); the warrant or copy certified shall be sent to the administrative authority administrator according to the warrant without delay."
Section 82.— The official executing an arrest warrant may request assistance from any nearby person in executing the warrant, but may not compel that person to assist if doing so may expose the person to danger.
Section 83.— When making an arrest, an official or private person acting as the arresting person must inform the person to be arrested that they are under arrest. The arrested person shall then be ordered to accompany the arresting person to the office of the inquiry official for the locality in which the arrest was made.
Where the arrested person can be brought to the office of the inquiry official responsible at that time, the person shall be brought to that office. If necessary, the arrested person may be restrained.
Where an official makes the arrest, the official must inform the arrested person of the accusation. If there is an arrest warrant, it must be shown to the arrested person. The arrested person must also be informed that:
They have the right to make a statement or remain silent;
Any statement made may be used as evidence at trial; and
They have the right to meet and consult with a lawyer or a person who will act as their lawyer.
Where the arrested person wishes to notify a relative or another trusted person of the arrest, and doing so can be carried out conveniently without obstructing the arrest, interfering with the restraint of the arrested person or endangering anyone, the official shall permit the arrested person to do so as appropriate. The arresting official shall record the arrest.
If the person to be arrested obstructs or attempts to obstruct the arrest, escapes or attempts to escape, the arresting person may use such measures or means of defence as are appropriate to the circumstances of the arrest.
Section 84.— An official or private person making an arrest must take the arrested person to the office of the inquiry official under Section 83 without delay. Upon arrival, the arrested person shall be delivered to the administrative official or police official at that office for the following procedures:
(1) Where an official made the arrest, the arresting official shall inform the arrested person of the accusation and the particulars concerning the grounds for the arrest. If there is an arrest warrant, the warrant shall be shown and read to the arrested person, and a copy of the arrest record shall be provided;
(2) Where a private person made the arrest, the administrative official or police official receiving the arrested person shall record the arresting person’s name and address, together with their statement and the circumstances of the arrest. The arresting person shall countersign the record. The arrested person shall then be informed of the accusation, the particulars of the arrest and the right to make a statement or remain silent. The arrested person shall also be informed that any statement made may be used as evidence at trial.
After completing the procedures under paragraph one, the administrative official or police official shall inform the arrested person of the rights provided under Section 7/1. The arrested person shall be allowed to contact a relative or another trusted person to notify them of the arrest and the place where the arrested person is being held.
Where the arrested person asks the administrative official or police official to give such notification, it shall be done without delay and recorded. No expense shall be charged to the arrested person.
Where necessary, the official or private person making the arrest shall arrange for first aid to be provided to the arrested person before delivering them under this Section.
Any statement amounting to a confession made by the arrested person to the arresting official, administrative official or police official during the arrest or delivery stage shall be inadmissible. Any other statement may be admitted as evidence against the arrested person only where the arrested person was informed of their rights under paragraph one or Section 83, paragraph two, as applicable.
Section 84/1.— An administrative official or police official to whom an arrested person has been delivered may temporarily release the arrested person or keep the person in custody.
Where the arrest was made under a Court warrant, the procedure under Section 64 shall be followed immediately. Where the arrested person must be taken to Court but cannot be taken there because the Court is closed or is about to close, the administrative official or police official receiving the arrested person may temporarily release the person or keep the person in custody until the Court opens.
Section 85.— The official who arrests a person, or to whom an arrested person is delivered, may search the arrested person and seize any articles that may be used as evidence.
The search must be conducted with due propriety. Where the arrested person is a woman, the search must be conducted by another woman.
Any article seized may be retained by the official until the case has been finally concluded. When the case ends, the article shall be returned to the alleged offender or another person entitled to claim it, unless the Court orders otherwise.
Section 85/1.— During an inquiry, where an article seized by an official is not property whose possession or use constitutes an offence and has not yet been submitted or produced as evidence in judicial proceedings, its owner or another person entitled to claim its return may apply to the inquiry official or Public Prosecutor, as applicable, to receive the article for safekeeping or use. The article may be released without security, with security, or with both security and a guarantee.
The return of an article must not interfere with its later use as evidence. The inquiry official or Public Prosecutor shall decide the application without delay and may require security or impose conditions on the applicant.
If the applicant fails to comply with the conditions or refuses to return the article after being ordered to do so, the inquiry official or Public Prosecutor may seize the article again and enforce the security agreement.
The filing of applications, applicable conditions and granting of permission shall be governed by ministerial regulations.
Where the inquiry official or Public Prosecutor refuses permission, the applicant may appeal to the Court of First Instance competent to try the case within thirty days from the date on which the refusal was communicated.
The Court shall complete its consideration within thirty days from the date on which it accepts the appeal. Where the Court grants permission, it may require security or impose any conditions it considers appropriate. The Court’s order shall be final.
Section 86.— The use of restraints on an arrested person beyond what is necessary to prevent escape is prohibited.
Section 87.— An arrested person shall not be kept in custody for longer than is necessary in the circumstances of the case.
In the case of a petty offence, the arrested person may be kept in custody only for the time necessary to obtain their plea and establish their identity and place of residence.
Where the arrested person is not temporarily released and further inquiry or proceedings are necessary, the arrested person shall be brought before the Court within forty-eight hours from the time they were taken to the office of the inquiry official under Section 83, except in cases of force majeure or unavoidable necessity.
The inquiry official or Public Prosecutor shall submit an application to the Court for a warrant authorising the detention of the alleged offender. The Court shall ask the alleged offender whether they have any objection and may require the inquiry official or Public Prosecutor to explain the necessity for detention or submit supporting evidence.
In a case involving an offence punishable by imprisonment for no more than six months, a fine not exceeding five hundred baht, or both, the Court may grant one period of detention not exceeding seven days.
In a case involving an offence punishable by a maximum term of imprisonment of ten years or more, whether or not a fine is also prescribed, the Court may grant successive periods of detention. Each period shall not exceed twelve days and the total period shall not exceed forty-eight days.
In a case involving an offence punishable by a maximum term of imprisonment of ten years or more, whether or not a fine is also prescribed, the Court may grant successive periods of detention. Each period shall not exceed twelve days and the total period shall not exceed eighty-four days.
Where detention totalling forty-eight days has already been granted and the Public Prosecutor or inquiry official applies for further detention on grounds of necessity, the Court may grant further detention only after the Public Prosecutor or inquiry official has demonstrated the necessity and produced evidence sufficient to satisfy the Court.
In an inquiry under paragraphs three and seven, the alleged offender is entitled to appoint a lawyer to make submissions and examine witnesses.
Section 87/1.— Where a Public Prosecutor or inquiry official makes an application and the accused does not object, the Court may permit the accused or evidence to be presented from a government office or another place considered appropriate by the Court through the transmission of pictures and sound by video conference.
The procedure shall comply with regulations issued by the Chief Justice, approved by the general meeting of the Supreme Court and published in the Government Gazette. The regulations shall specify the procedure for questioning the accused and examining witnesses.
An inquiry conducted under paragraph one shall be deemed to have been conducted in the courtroom.
Section 88.— In a case brought by a private prosecutor, once the Court has accepted the charge and required the accused to appear before it, or in a case brought by the Public Prosecutor, once the charge has been filed before the Court, the Court may order the detention or temporary release of the accused.
Section 89.— A detention warrant or imprisonment warrant shall be executed within the jurisdiction of the Court that issued the warrant, unless otherwise provided by this Code or another law.
Section 89/1.— Where necessary during an inquiry or court proceedings, and upon the request of an inquiry official, Public Prosecutor, penitentiary commander or authority responsible for executing a detention warrant, or where the Court considers it appropriate, the Court may order that the alleged offender or defendant be detained in a place other than a penitentiary.
The person shall be detained in the place requested or in another place selected by the Court, under the supervision of the requesting person or another authority designated by the Court. The Court may determine the appropriate period of detention.
Before issuing an order under paragraph one, the Court may conduct an inquiry or allow the injured person or the authority concerned with the detention warrant to submit an objection.
A place of detention under paragraph one must not be a police station or another place used by an inquiry official to detain alleged offenders. It must satisfy the requirements prescribed by ministerial regulations, including appropriate methods and measures for preventing escape or other harm.
Where the Court has issued an order under paragraph one and the alleged offender or defendant subsequently fails to comply with the applicable directions or measures, or where the circumstances change, the Court may amend its order or direct that the person be detained in accordance with the detention warrant.
Section 89/2.— Where necessary, upon the request of the Public Prosecutor, penitentiary commander or authority responsible for executing an imprisonment warrant, or where the Court considers it appropriate, the Court may order that a person sentenced to imprisonment by a final judgment serve the sentence by one of the methods specified below.
This Section applies where the person has served at least one-third of the term specified in the imprisonment warrant or, in the case of a sentence exceeding thirty years or imprisonment for life, has served at least ten years.
(1) The person may be imprisoned in a place other than a penitentiary or the place specified in the imprisonment warrant, as requested by the relevant authority or determined by the Court.
The nature of such a place, together with the methods of supervision and measures required to prevent escape or injury, shall be prescribed by ministerial regulations.
(2) The person may be imprisoned in a penitentiary, the place specified in the imprisonment warrant or another place under paragraph (1), only on particular days determined in accordance with the rules and procedures prescribed by ministerial regulations.
(3) The person may be imprisoned by another method that restricts their movement and the area within which they may travel, in accordance with the rules and procedures prescribed by ministerial regulations.
In considering whether to issue such an order, the Court shall consider the nature of the offence, the conduct and security of the person sentenced to imprisonment, and the security and safety of the injured person and society.
The Court may investigate or question the person sentenced, the authority responsible for executing the imprisonment warrant, the local administrative official, the local police or any other person whom the Court considers concerned with the matter.
When issuing an order under paragraph one, the Court shall designate the authority responsible for executing and supervising the order. Section 89/1, paragraph four, shall apply mutatis mutandis.
Section 90.— Where it is alleged that a person is being unlawfully detained in a criminal case or in any other matter, the following persons may submit a petition to the local Court competent to try the criminal case, requesting the person’s release:
(1) The detained person;
(2) The Public Prosecutor;
(3) The inquiry official;
(4) The governor of the prison or the gaoler;
(5) The detained person’s spouse or relative, or any other person acting for the detained person’s benefit.
Upon receiving such a petition, the Court shall conduct an inquiry without delay.
Where the Court considers that the petition is well-founded, it may order the gaoler to bring the detained person before the Court without delay.
If the gaoler is unable to satisfy the Court that the detention is lawful, the Court shall order the detained person’s immediate release.
THE CRIMINAL PROCEDURE CODE
DIVISION I
PRELIMINARY
TITLE I
GENERAL PROVISIONS
Section 1.— In this Code, where a term is defined, it shall be construed in accordance with that definition unless the wording of the provision is inconsistent with such definition.
Section 2.— In this Code:
(1) “Court” means a Court of Justice or a judge having the power to exercise criminal jurisdiction;
(2) “Alleged Offender” means a person who is alleged to have committed an offence but has not yet been charged before a Court;
(3) “Accused” means a person who has been charged before a Court with the commission of an offence;
(4) “Injured Person” means a person who has suffered injury through the commission of an offence. It includes any other person empowered to act on that person’s behalf under Sections 4, 5 and 6;
(5) “Public Prosecutor” means an official whose duty is to institute a criminal charge before a Court against an alleged offender, whether that person is an official of the Public Prosecution Department or another official empowered to do so;
(6) “Inquiry Official” means an official vested by law with the power and duty to conduct an inquiry;
(7) “Complaint” means an allegation made by an injured person to the authorities, in accordance with this Code, that an offence has been committed by a known or unknown person to the detriment of the injured person, with the intention that the offender be punished;
(8) “Denunciation” means an allegation made to the authorities by a person other than the injured person that a known or unknown person has committed an offence;
(9) “Criminal Warrant” means a written order issued in accordance with this Code directing an authority to arrest, detain, imprison or release an alleged offender, accused or convicted person, or to conduct a search. It includes a certified copy of an arrest warrant or search warrant, a telegraphic notification that an arrest warrant or search warrant has been issued, and a copy of an arrest warrant or search warrant sent by fax, electronic medium or other information technology, as provided in Section 77;
(10) “Investigation” means the search for facts and evidence conducted by an administrative or police official in accordance with their powers and duties for the purpose of maintaining public order and establishing the particulars of an offence;
(11) “Inquiry” means the collection of evidence and other proceedings conducted by an inquiry official under this Code in connection with an alleged offence for the purpose of establishing the facts, determining guilt and securing the punishment of the offender;
(12) “Preliminary Examination” means proceedings conducted by a Court to determine whether there is a prima facie case against the accused;
(13) “Private Place” means a place that is not a public place as provided in the Penal Code;
(14) “Prosecutor” means either the Public Prosecutor or an injured person who has instituted a criminal case before a Court, or both where the Public Prosecutor and injured person are joint prosecutors;
(15) “Parties” means the prosecutor on one side and the accused on the other;
(16) “Administrative or Police Official” means an official vested by law with the power and duty to maintain the public peace. It includes chief gaolers, excise officers, customs officers, harbour officers, immigration officers and other officials when performing duties connected with the arrest of offenders or the suppression of crimes that they are required to arrest or suppress;
(17) “Superior Administrative or Police Official” means the following officials:
(a) The Under-Secretary of State for Interior;
(b) The Deputy Under-Secretary of State for Interior;
(c) The Inspector of the Ministry of Interior;
(d) The Assistant Under-Secretary of State for Interior;
(e) The Director-General of the Department of Interior;
(f) The Deputy Director-General of the Department of Interior;
(g) The Director of the Inquiry and Legal Activity Division, Department of Interior;
(h) The Chief and Head of the Inquiry and Legal Activity Division of the Department of Interior;
(i) The Inspector of the Department of Interior;
(j) The Governor of Changvad;
(k) The Deputy Governor of Changvad;
(l) The Palad Changvad;
(m) The Nai Amphur;
(n) The Palad Amphur who is the chief attached to a Sub-Amphur;
(o) The Director-General of the Police Department;
(p) The Deputy Director-General of the Police Department;
(q) The Assistant Director-General of the Police Department;
(r) The Commissioner of Police;
(s) The Deputy Commissioner of Police;
(t) The Assistant Commissioner of Police;
(u) The Commander;
(v) The Deputy Commander;
(w) The Chief Provincial Police Officer of Changvad;
(x) The Deputy Chief Provincial Police Officer of Changvad;
(y) The Superintendent;
(z) The Changvad Provincial Superintendent of the Region;
(aa) The Deputy Superintendent;
(ab) The Deputy Changvad Provincial Superintendent;
(ac) The Chief Inspector;
(ad) The Inspector;
(ae) The Inspector of the Local Police;
(af) The Head of a Police Station holding the rank of Police Sub-Lieutenant or an equivalent or higher rank;
(ag) The Head of a Sub-Police Station holding the rank of Police Sub-Lieutenant or an equivalent or higher rank.
This definition includes persons acting in place of the officials listed above. A person acting in the place of an official under paragraphs (ae), (af) or (ag) must hold the rank of Police Sub-Lieutenant or an equivalent or higher rank;
(18) “Article” means movable property that may be used as evidence in a criminal case. It includes letters, telegrams and other documents;
(19) “Memorandum” means a written document prepared by a Court as evidence of all particulars of proceedings conducted in a criminal case;
(20) “Note” means a written document prepared by an administrative or police official as evidence of an inquiry into a criminal offence. It includes a written record of complaints and denunciations;
(21) “Keep in Custody” means the restraint or confinement of an arrested person by an administrative or police official during investigation and inquiry proceedings;
(22) “Detention” means the confinement of an accused or alleged offender by a Court.
Section 3.— Persons specified in Sections 4, 5 and 6 have the power to act on behalf of an injured person, subject to the conditions provided in those Sections, as follows:
(1) To lodge a complaint;
(2) To institute a criminal prosecution or join the Public Prosecutor in a criminal prosecution;
(3) To bring a civil claim in connection with an offence;
(4) To withdraw a criminal charge or civil claim connected with an offence;
(5) To compound a compoundable offence.
Section 4.— In a criminal case in which the injured person is a married woman, she has the right to institute a criminal prosecution with the permission of her husband.
Subject to Section 5(2), her husband may institute a criminal prosecution on her behalf only with her express permission.
Section 5.— The following persons may act on behalf of an injured person:
(1) A legal representative or custodian, but only in relation to offences committed against a minor or incompetent person under that person’s care;
(2) An ascendant, descendant, husband or wife, but only in relation to a criminal offence through which the injured person has died or has become unable to act personally;
(3) A manager or other representative of a juristic person in relation to an offence committed against that juristic person.
Section 6.— In a criminal case where the injured person is a minor without a legal representative, a person of unsound mind or an incompetent person without a custodian, or where the legal representative or custodian is unable to perform their duty for any reason, including a conflict of interest with the minor or incompetent person, a relative or interested person may apply to the Court to be appointed as representative ad litem.
After conducting an inquiry, the Court shall appoint the applicant or another consenting person as representative ad litem, as it considers appropriate. If no person agrees to act as representative, the Court shall appoint an administrative official.
No Court fees shall be charged for proceedings conducted for the purpose of such appointment.
Section 7.— In an inquiry, preliminary examination or trial in which a juristic person is the alleged offender or accused, a summons shall be served on the manager or another representative of that juristic person, directing that person to appear before the inquiry official or the Court, as applicable.
If the manager or representative of the juristic person fails to comply with the summons, an arrest warrant may be issued against that person. However, provisions concerning provisional release, detention or imprisonment shall not apply to the manager or representative merely because the juristic person is an alleged offender or accused.
Section 7/1.— An arrested person, or an alleged offender who is kept in custody or detained, is entitled to notify a relative or another person, or to have an authority notify them, of the arrest and the place where the person is initially held. The arrested person or alleged offender is also entitled:
(1) To meet and speak privately with a person who is or will be their lawyer;
(2) To have a lawyer or trusted person present during questioning;
(3) To receive visits from or communicate with relatives as may be reasonable;
(4) To receive medical treatment without delay when ill.
The administrative or police official responsible for an arrested person or alleged offender shall inform that person of the rights stated in the preceding paragraph at the first opportunity.
The uploaded text ends at the beginning of Section 8 and does not include the remainder of that Section.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.
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.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
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.