'Offences against administration of justice' in document 'Austria: Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
Specific provisions

Section 5

40. Enforcement of sentences of imprisonment for offences against the administration of justice

Having regard to the enforcement of sentences of imprisonment imposed by the International Criminal Court for offences against the administration of justice pursuant to article 70 of the Statute, this federal law, with the exception of the provisions in paragraphs 32(1) and (5), 33(1) to (5), and 39 above, shall not apply. The procedure shall comply with paragraphs 65 to 67 of the law on extradition and judicial assistance (ARHG).

Part 2
Specific provisions
Section 8

44. Accepting to prosecute offences against the administration of justice
1. At the request of the International Criminal Court, the offences listed in article 70 (1) of the Statute may be prosecuted in Austria where they have been committed on Austrian territory or by Austrian nationals.
2. In judging such offences, the International Criminal Court shall be regarded as if it were an Austrian court and its officials as if they were Austrian officials.
3. Paragraph 60 of the law on extradition and judicial assistance (ARHG) shall be applied with the understanding that references therein to the requesting State relate to the International Criminal Court.

RELEVANT ROME STATUTE PROVISIONS

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.