Art. 50 Release from detention
1 The FOJ shall order the release of the person concerned from detention 18 days after arrest if the request for extradition and the documents supporting it have not been received.96 This period may be extended for special cause by up to 40 days. 2 If the defendant is already detained, the period shall start when he is detained with a view to extradition. 3 By way of exception, the person concerned may be released from detention with a view to extradition at any stage of the proceedings if this is appropriate in the circumstances. The defendant may lodge a petition for release at any time. 4 In addition, Articles 238–240 CrimPC97 apply by analogy to release from detention.98 96 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 98 Amended by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). |