Austria

Federal Law no 135: Cooperation with the International Criminal Court

Part 2
Specific provisions

Section 5

33. Procedure for the acceptance of enforcement of sentences

1. Should the International Criminal Court decide that a convicted person shall serve his or her sentence of imprisonment in Austria and seek the transfer of the convicted person for the enforcement of his/her sentence, it should address itself to the Federal Minister of Justice.
2. The Federal Minister of Justice may only refuse to accept a person for the enforcement of his or her sentence, which as stated complies with paragraph 32(1) above, if it would give rise to unacceptable consequences for the security and public order of the Republic of Austria. Enforcement of the sentences of Austrian nationals may not be refused. The decision of the Federal Minister of Justice is not open to appeal.
3. The decision by the Federal Minister of Justice shall be transmitted to the International Criminal Court with a request to suggest a time and place for the transfer of the sentenced person to the Austrian authorities.

Keywords

Transfer of sentenced person to State



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