Part 2 Surrender of Persons

§ 26 Request for Surrender After Previous Extradition

(1) If the extradition of a suspect to a foreign state has taken place and the Court requests approval for prosecution or execution of a sentence, approval shall be granted when:
1. it has been shown that the suspect had the opportunity to respond to the request and that the Higher Regional Court had decided that because of the criminal act the surrender would be permissible, or
2. it has been shown that the suspect has stated on the record of the proceedings of a judge of the Court or the state to which he was extradited, his agreement with prosecution or with execution of a sentence, and because of the criminal act the surrender would have been permissible. If the request is based upon the same criminal act, the Court shall be notified thereof.
(2) § 20 para. 1 applies to the proceeding, provided that, in place of the suspect’s acceptance of streamlined surrender, he agrees within the meaning of para. 1 sentence 1 number 2, as well as § 20 para. 2 and 3 sentences 2 and 3, § 21 para. 1, 2 sentence 2, para. 4, §§ 22, 23 para. 1 and 2 as applicable. The Higher Regional Court that was responsible in the extradition proceedings for a decision on the permissibility of the extradition is responsible for judicial decisions pursuant to para. 1 sentence 1 number 1.
(3) If the extradition has not yet occurred, approval of a request of the type set forth in para. 1 will be granted when, because of the criminal act, surrender to the Court would have been permissible. Para. 1 sentence 2 applies mutatis mutandis. §§ 19-23 apply to the proceedings mutatis mutandis.

Part 4 Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 42 Escape and Speciality
(relating to Article 108, Article 111 of the Rome Statute)

(3) If a foreign state requests extradition, provisional extradition, deportation, or other transfer to its sovereign territory for criminal prosecution or execution of a sentence or other sanction, approval may be given when the Court, subject to the provisions of Article 108 para. 3 of the Rome Statute, has given prior approval and the extradition is permissible according to the extradition regulations applicable to the requesting state.

Part 7
General Provisions

§ 73
Limitation of Fundamental Rights
The fundamental right of physical integrity (Article 2 para. 2 sentence 1 of the Basic Law (Grundgesetz)), freedom of the person (Article 2 para. 2 sentence 2 of the Basic Law), privacy of correspondence, post, and telecommunications (Article 10 para. 1 of the Basic Law), inviolability of the home (Article 13 of the Basic Law), and the prohibition on extradition (Article 16 para. 2 sentence 1 of the Basic Law), are limited in accordance with this law.

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.