Part 2
Specific provisions

Section 5

36. Conditional release and pardon

1. (Constitutional provision) Decisions regarding the conditional release, pardon or reduction of sentence of a person sentenced by the International Criminal Court shall be taken by the International Criminal Court.
2. Should the convicted person make an application for conditional release, pardon or a reduction of sentence, it shall be submitted to the Federal Ministry of Justice for forwarding to the International Criminal Court.
3. The International Criminal Court should be informed ex-officio of any circumstances which are favourable for conditional release, pardon or a reduction of sentence.

Part 2
Specific provisions
Section 5

38. Termination of sentences of imprisonment
1. Should the International Criminal Court indicate that the enforcement of a sentence of imprisonment should be terminated, the sentenced person shall be released promptly, or be transferred to the authority responsible for the enforcement of foreign orders, unless Austrian criminal proceedings or extradition proceedings are underway, or grounds exist to initiate such proceedings.
2. Prosecution, punishment or extradition on account of an act engaged in prior to the acceptance of the enforcement of sentences may only proceed consistent with paragraph 34 above.

Article 110
Review by the Court concerning reduction of sentence
1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
(b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.