Section IX
SURRENDER OF THE PERSON (EXTRADITION)
Chapter 37
SURRENDER OF THE PERSON (EXTRADITION)
Article 457. Temporary surrender
In case of need of prevention of the termination of time limitation of bringing to criminal liability or loss of proofs in criminal case the investigator or the court considering a criminal case (where a criminal case is pending), prepares documents on temporary surrender. The specified documents as well as the request on temporary surrender prepared on their basis are sent to the competent body of foreign state according to the procedure provided by article 453 of this Code.
In case of execution by the competent body of foreign state of the request on temporary surrender such person shall be returned to the corresponding foreign state within the agreed period.
In case of need the body of prejudicial inquiry or court considering a criminal case (where a criminal case is pending), prepares documents on extension of term of temporary surrender which are sent to the corresponding central body not later than twenty days before the termination of term of temporary surrender.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7;
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.