Austria

Federal Law no 135: Cooperation with the International Criminal Court

Part 2
Specific provisions
Section 2

16. Summonses
1. The International Criminal Court shall be authorised to serve directly by post summonses and other documents on persons who are in the Republic of Austria. This shall not preclude service via the Federal Ministry of Justice.
2. The person summoned is not obliged to acquiesce to the summons. At the request of the person summoned, of the accused or of their counsel, the Federal Ministry of Justice shall obtain from the International Criminal Court the assurance that the person shall not be subject to prosecution, arrest or detention on account of an act engaged in prior to the person’s exit from the Republic of Austria.
3. At the request of the International Criminal Court, the Austrian court shall transfer an appropriate advance for travel costs to witnesses and experts summoned by the International Criminal Court who apply for it. Should the witness or expert fail to attend the trial at the International Criminal Court or otherwise fail to fulfil the obligations arising from the summons, such an advance shall be recovered.

Keywords

Facilitating voluntary appearance of persons - national procedures for ICC proceedings



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