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Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear

Article 58

Issuance by the Pre-Trial Chamber of a warrant of arrest

or a summons to appear


1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:


    (a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and

    (b) The arrest of the person appears necessary:


      (i) To ensure the person's appearance at trial,

      (ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or

      (iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.

2. The application of the Prosecutor shall contain:

    (a) The name of the person and any other relevant identifying information;

    (b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;

    (c) A concise statement of the facts which are alleged to constitute those crimes;

    (d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and

    (e) The reason why the Prosecutor believes that the arrest of the person is necessary.


3. The warrant of arrest shall contain:

    (a) The name of the person and any other relevant identifying information;

    (b) A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and

    (c) A concise statement of the facts which are alleged to constitute those crimes.


4. The warrant of arrest shall remain in effect until otherwise ordered by the Court.

5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.

6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.

7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:


    (a) The name of the person and any other relevant identifying information;

    (b) The specified date on which the person is to appear;

    (c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and

    (d) A concise statement of the facts which are alleged to constitute the crime.


The summons shall be served on the person.


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