'Limitation on the prosecution or punishment of other offences' in document 'Austria: Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
Specific provisions
Section 5

34. Speciality of enforcement
1. A convicted person transferred to Austria for the enforcement of a sentence passed by the International Criminal Court may not be prosecuted, punished, detained or extradited to a third country on account of an act engaged in prior to the said transfer, which was not part of the judgement of the International Criminal Court, without its consent.
2. The speciality of enforcement shall not preclude such a measure if:
(1) following release, the person did not leave the territory of the Republic of Austria within 30 days, even though he or she was able and free to do so;
(2) the person leaves the territory of the Republic of Austria, by whatever means, and returns voluntarily, or is returned legally from a third country; or
(3) the International Criminal Court forgoes applying the rule of speciality.

RELEVANT ROME STATUTE PROVISIONS

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.