'Escape - ICC proceedings' in document 'Austria: Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
Specific provisions
Section 5

33. Procedure for the acceptance of enforcement of sentences
4. Should the sentenced person escape from prison before the expiry of the sentence, the court of enforcement (paragraph 16 of the law on enforcement of sentences) shall issue a warrant of arrest and initiate a search. Should the person sought subsequently be arrested abroad, the court shall, even without an application from the public prosecutor, seek extradition custody pursuant to paragraph 69 of the law on extradition (ARHG) and transmit the documents required under paragraph 68 of the said law to the Federal Minister of Justice. The Federal Minister of Justice shall seek extradition if the requested State does not approve surrender without an extradition procedure, and the International Criminal Court has not decided otherwise.

Part 2
Specific provisions

Section 5

33. Procedure for the acceptance of enforcement of sentences

6. Should persons who have escaped while serving a sentence passed by the International Criminal Court be arrested in Austria, they shall be surrendered to the State ensuring the enforcement of their sentence according to the provisions which apply for the surrender of persons to the International Criminal Court.

Part 2
Specific provisions

Section 5

35. Reports about enforcement

At least once a year, and on completion of the sentence, the prison at which the convicted person is serving the sentence of imprisonment passed by the International Criminal Court shall submit a conduct and health report to the Federal Ministry of Justice. The Federal Ministry of Justice is to be notified at once if the convicted person escapes before the expiry of the sentence or if enforcement is no longer possible for other reasons. The International Criminal Court shall promptly be acquainted with such reports.

RELEVANT ROME STATUTE PROVISIONS

Article 111
Escape
If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.