Austria

Federal Law no 135: Cooperation with the International Criminal Court

Part 2
Specific provisions
Section 5

34. Speciality of enforcement
1. A convicted person transferred to Austria for the enforcement of a sentence passed by the International Criminal Court may not be prosecuted, punished, detained or extradited to a third country on account of an act engaged in prior to the said transfer, which was not part of the judgement of the International Criminal Court, without its consent.
2. The speciality of enforcement shall not preclude such a measure if:
(1) following release, the person did not leave the territory of the Republic of Austria within 30 days, even though he or she was able and free to do so;
(2) the person leaves the territory of the Republic of Austria, by whatever means, and returns voluntarily, or is returned legally from a third country; or
(3) the International Criminal Court forgoes applying the rule of speciality.

Keywords

Limitation on the prosecution or punishment of other offences



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