Austria

Federal Law no 135: Cooperation with the International Criminal Court

Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit

25. Simplified surrender
1. Should a person being held in provisional custody pending surrender on the basis of a request from the International Criminal Court pursuant to paragraph 24(1) above agree to surrender to the International Criminal Court before the end of the time period in paragraph 24(3), the investigating judge shall order the person’s surrender, without prejudice to a challenge of admissibility pursuant to paragraph 5(2) above. In such cases the person shall be surrendered to the International Criminal Court as soon as possible.
2. The investigating judge shall inform the person that his or her consent cannot be revoked. The judge’s instruction shall be noted in the record.
3. In the event of simplified surrender, there is no need for the International Criminal Court to send a request for surrender and supporting material.

Keywords

Provisional arrest - consent to surrender



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