'State appeal and revision of sentence' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

ยง 41
Enforcement of Prison Sentences
(relating to Article 77 para. 1,Article 103 para. 1 and 2, and Articles 105, 106, and 110 of the Rome Statute)

(5) Communications between the convicted person and the Court shall be unimpeded and confidential. Upon request of the Court, members of the Court shall be granted admittance to the penal institution. If the convicted person raises objections to the enforcement of the penalty or files motions regarding which the Court must rule, a ruling by the Court shall be obtained.

RELEVANT ROME STATUTE PROVISIONS

Article 105
Enforcement of the sentence
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

ANALYSIS

This provision follows the ICC Statute.