Part 1
General Provisions
5. Challenge of admissibility of proceedings and their deferral to the International Criminal Court
1. Should the International Criminal Court assert its jurisdiction in respect of a case, the Federal Minister of Justice may claim Austrian jurisdiction within the meaning of Article 18 of the Statute or challenge the admissibility of proceedings or the jurisdiction of the Court under Article 19 of the Statute.
2. Admissibility shall be challenged where:
(1) the person has been sentenced for or found not guilty of an act by an Austrian court in an enforceable judgement in respect of the act;
(2) criminal proceedings are underway before an Austrian public prosecutor or an Austrian court either on account of an act committed in Austria or by an Austrian national or of a request from the International Criminal Court for arrest and surrender or for the provision of judicial assistance, except where priority should be given to the pursuit of criminal proceedings by the International Criminal Court in consideration of particular circumstances, especially in order to establish the truth or the relation to other crimes giving rise to proceedings before the Court; or
(3) proceedings were already underway before a public prosecutor or a court in Austria on account of the act and were suspended on other than strictly procedural grounds.
3. In order to enable challenges of jurisdiction, the competent public prosecutor shall notify the Federal Ministry of Justice of any ongoing cases involving crimes within the jurisdiction of the International Criminal Court.
4. A decision of the International Criminal Court on the admissibility of a case may be challenged within five days by the Minister of Justice by application lodged with the Court.
5. Where the admissibility of a case before the International Criminal Court or the Court’s jurisdiction over it goes unchallenged, or if the International Criminal Court definitively confirms that it has jurisdiction, the competent Austrian court shall take all measures required to secure the person and evidence, and shall temporarily suspend proceedings and provide the Federal Ministry of Justice with a full photocopy of the case file for its transmission to the International Criminal Court. When evidence is enclosed and there is no need to return it, this should be indicated.
6. The Austrian criminal proceedings shall be suspended following a definitive decision by the International Criminal Court. The case may be reopened however subsequent to an application by the public prosecutor following a court ruling, if:
(1) the Prosecutor of the International Criminal Court decides not to proceed with an indictment or drops the charges;
(2) upon review, the International Criminal Court rejects the indictment;
(3) the International Criminal Court determines it does not have jurisdiction or that the case is inadmissible.
EDIT.