Provisional arrest - release - ICC proceedings

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 701. Application of Temporary Arrest

(4) A prosecutor may release a person from temporary arrest, if a request of a foreign country regarding the extradition of such person, or a report regarding justified reasons for the delay of such request, has not been received within 18 days after detention.

(5) A prosecutor shall release a person from temporary arrest, if:

1) an extradition request is not received within 40 days;
2) an extradition arrest is not applied within 40 days;
3) circumstances have become known that exclude the possibility of extradition.

(6) The release of a person shall not cause impediments to the repeated placing under arrest or extradition of such person, if a request regarding extradition is received later.

Rome Statute

Article 92 Provisional arrest

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.