Austria

Federal Law no 135: Cooperation with the International Criminal Court

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

30. Speciality
1. A person surrendered to the International Criminal Court pursuant to this federal law may not be prosecuted, taken into custody or sentenced for any offence committed prior to transfer other than that for which he or she is being surrendered.
2. At the request of the International Criminal Court, the person may be released from the restrictions in paragraph 1. Prior to a decision in respect of such a request, the International Criminal Court may be requested to transmit a record regarding the statements of the person surrendered and additional information.
3. The decision on such a request shall be taken by the Federal Minister of Justice. Release from the said restrictions shall be granted if the offence in respect of which the request is made falls within the jurisdiction of the International Criminal Court and there are no grounds for challenging the admissibility of proceedings before the International Criminal Court pursuant to paragraph 5(2) above.

Keywords

Rule of speciality
Rule of speciality - waiver



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