Provisional arrest for national proceedings

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 263. Detention

Detention is the deprivation of the liberty of a person, for a period of time of up to 48 hours, without a decision of an investigating judge, if conditions for detention exist.

Section 732. Temporary Arrest before the Receipt of a Request for a Takeover of Criminal Proceedings

(1) If a foreign country notifies regarding the intention thereof to submit a request for taking over criminal proceedings, and requests the application of temporary arrest before the receipt thereof, the competent authority shall turn to the investigating judge with a proposal to place a person under arrest until the matter is decided regarding the takeover of criminal proceedings, if all of the following conditions exist:

1) the request indicates that there is a decision issued by the submitting country on application of arrest;
2) The Criminal Law provides a custodial sentence for the relevant offence;
3) there are grounds to believe that the suspect or the accused will evade participation in criminal proceedings or will hide evidence.

(2) A person placed under arrest in accordance with the procedures laid down in Paragraph one of this Section may be released, if:

1) a request for a takeover of criminal proceedings has not been received within 18 days from the day of the application of detention or temporary arrest;
2) documents to be attached have not been received within 15 days from the day of the receipt of the request;
3) a decision has not been taken on application of a security measure - arrest in the taken-over criminal
proceedings within 40 days from the day of the application of detention or temporary arrest;
4) a decision has been taken to reject the request regarding the taking over of criminal proceedings;
5) the takeover of criminal proceedings has been withdrawn;
6) circumstances have become known that exclude the opportunity to hold the person under arrest.

Rome Statute

Article 92 Provisional arrest

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.