Austria

Federal Law no 135: Cooperation with the International Criminal Court

Part 2
Specific provisions

Section 4
Custody pending surrender, surrender and transit

28. Provisional transfer and repeal of the order for surrender

2. The investigating judge shall promptly suspend custody pending surrender and repeal the order for surrender if:

(1) the International Criminal Court so requests or otherwise revokes its request for surrender;

(2) it is ascertained that in all likelihood the person arrested is not the person sought; or

(3) the International Criminal Court determines its lack of jurisdiction or the inadmissibility of the proceedings before it.

Keywords

Release prior to surrender



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