Provisional arrest

Mexico

Mexico - Constitution 1917 (2015) EN

TITLE ONE

CHAPTER I
Fundamental rights

Article 18

Preventive custody shall be reserved for crimes punishable by imprisonment. Preventive prisons shall be completely separated from the prisons used for convicted persons.

''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 16''

(...)In the case of organized crime, and at the request of the Public Prosecution Service,

judicial authority can order to put a person into hold restraint, complying with the

terms of time and place established by law and without exceeding forty days,

whenever necessary for the success of the investigation, the protection of people or

legal goods, or when there is reason to believe that the accused could avoid the

action of justice. The forty days term can be extended, provided that the Public

Prosecution Service proves that the causes that originate hold restraint still remain.

In any case, the hold restraint shall not last more than eighty days.

The term organized crime is defined as the organization of three or more people

gathered together to commit crimes in a permanent or frequent manner, in the

terms provided by the correspondent law.

''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 18''

Preventive custody shall be reserved for crimes punishable by imprisonment.

Preventive prisons shall be completely separated from the prisons used for

convicted persons.

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.