TITLE V
Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions
CHAPTER THREE
Execution of Foreign Criminal-Court Decisions
Austrian Decisions on Execution
§ 65. (1) If the execution of a foreign court decision in criminal matters is taken over, the punishment, the preventive measure involving deprivation of liberty or the property-law order to be executed shall be determined according to Austrian law, taking account of the measure imposed in the decision.
(2) The person concerned by the decision may not be put into a more adverse position because of the fact that the execution is taken over than he/she would be in if the execution took place in the other State.
(3) § 38 and § 66 of the Criminal Law Code shall apply in analogy.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
(b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.