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)

(2) Prosecution for criminal acts that the convicted person committed prior to his surrender to the German authorities or the execution of a prison sentence imposed prior to surrender or measures for the prevention of crime and the reformation of offenders (Maßregel der Besserung und Sicherung) shall occur subject to the provisions of Article 108 para. 3 of the Rome Statute only upon agreement of the Court.
(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.

Article 108
Limitation on the prosecution or punishment of other offences
1. A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person's delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement.
2. The Court shall decide the matter after having heard the views of the sentenced person.
3. Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.

This provision follows the ICC Statute.