'Person sought for different crime - consultations with the Court' in document 'Austria: Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
Specific provisions

Section 4
Custody pending surrender, surrender and transit

28. Provisional transfer and repeal of the order for surrender

1. In the event of criminal proceedings against the accused person in Austria or if the latter is serving a sentence in Austria for matters other than those for which surrender to the International Criminal Court was ordered, the person may be transferred provisionally to the International Criminal Court under conditions to be agreed on with it.

RELEVANT ROME STATUTE PROVISIONS

Article 89
Surrender of persons to the Court
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.