Austria

Federal Law no 135: Cooperation with the International Criminal Court

Part 2
Specific provisions

Section 5

32. Enforcement of sentences of imprisonment

General provisions
1. Through a statement addressed to the International Criminal Court, the Federal Minister of Foreign Affairs may, with the consent of the Federal Minister of Justice, state Austria’s willingness to accept sentenced persons for the enforcement of sentences of imprisonment passed by the International Criminal Court. The statement may set a limit on the time for transfer for enforcement and on the number and kind of sentenced persons.
2. The sentences of imprisonment passed by the International Criminal Court shall be enforced directly. Sentences passed by the International Criminal Court may not be modified. In the light of instructions from the International Criminal Court, enforcement shall be subject to the relevant provisions of Austrian law on the understanding that the conditions of detention correspond to those under which persons convicted of similar crimes are held in Austria.
3. The enforcement of sentences of imprisonment passed by the International Criminal Court shall be subject to the supervision of the Court. At the request of the International Criminal Court, its members shall be granted access to prisons.
4. Should a person serving a sentence of imprisonment imposed by the International Criminal Court in Austria be eligible under Austrian law for more lenient treatment involving unguarded work outside the prison, the International Criminal Court shall be informed thereof before such work is allowed. Its opinion shall be taken into consideration in the decision.
5. Sentenced persons within the meaning of this section are to be granted unimpeded and confidential written communication with the International Criminal Court.

Keywords

Enforcement of sentence of imprisonment



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