'Transfer of sentenced person to another State' in document 'Austria: Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
General Provisions

7. Surrender of Austrian nationals
(Constitutional provision) Nothing precludes the surrender of Austrian nationals to the International Criminal Court (paragraphs 24 to 28 below) or their transit or transport (paragraph 31 below) or surrender to another State for the enforcement of a sentence passed by the International Criminal Court.

Part 2
Specific provisions

Section 5

37. Transfer of enforcement of sentences to another State

1. Any request from the International Criminal Court for the surrender of the sentenced person to another State for the continuation of the enforcement of a sentence shall be promptly complied with.
2. Should a sentenced person ask to serve his or her sentence of imprisonment in another State, the request should be forwarded to the International Criminal Court.

RELEVANT ROME STATUTE PROVISIONS

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.