t 10. (1) Where a fugitive criminal has been returned to of the Minister is a country and the country concerned intends to try him necessary. for an extradition offence committed prior to his return other than that for which he was extradited, or to extradite him to another country for trial or punishment for any other offence, it shall make a request for the consent of the Minister through its diplomatic representative and such request shall be accompanied by all relevant information and documents in respect thereof.
(2) The Minister may call for any additionalinformation or documents as he may require in order that he may be satisfied that the request for his consent under subsection (1) is consistent with the provisions of this Act.
(3) The Minister shall not give his consent undersubsection (1) if he has reasonable grounds for believing that the offence to which the request for consent relates could have been charged prior to the return of such fugitive criminal if due diligence had been exercised.
PART VI
RETURN OF VUGITIVE CRIMINALS WHO ARE ALSO PRISONERS TO STAND TRIAL
29. (1) A requisition by any country for the return of Procedure for a fugitive criminal who is serving a sentence or return. sentences of imprisonment in respect of an offence or offences against a law of Malaysia, for the purpose of a trial against him, shall be made to the Minister by a diplomatic representative of the country concerned.
(2) There shall be furnished with any requisition made under subsection (1) particulars of the fugitive criminal whose return is requested and of the facts upon which and the law under he is accused as well as adequate undertakings to the effect that—
(a) the fugitive criminal shall be immediately returned to Malaysia upon completion of his trial in the country concerned; and
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.