National procedures re enforcement of sentences imposed

Republic of Austria

Austria - Agreement ICC on the Enforcement of Sentences 2005

Article 2
1. The Presidency of the Court (hereinafter referred to as “the Presidency”), when notifying Austria of its designation to enforce a sentence in a particular case, shall transmit to Austria the following information and documents:
a) the name, nationality, date and place of birth of the sentenced person;
b) a copy of the final judgment of conviction and the sentence imposed;
c) the length and commencement date of the sentence, including information on any pre‐trial detention, and the time remaining to be served;
d) after having heard the views of the sentenced person, any necessary information concerning the state of his or her health (medical or psychological), including any medical treatment that he or she is receiving.
2. Austria shall submit the notification of the designation to the competent national authorities.
3. The competent national authorities of Austria shall promptly decide upon the Court’s designation, in accordance with its national law, and inform the Presidency accordingly.

Article 4
1. Subject to the conditions contained in this Agreement, the sentence of imprisonment shall be binding on Austria, which shall in no case modify it.

Article 12

5. In all cases, the entire period of detention in the territory of the State in which the sentenced person was in custody after his/her escape and, where paragraph 4 of this article is applicable, the period of detention at the seat of the Court following the surrender of the sentenced person from the State in which he/she was located shall be deducted from the sentence remaining to be served.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.


(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.