Transfer of sentenced person to another State

Federal Republic of Germany

Germany - Cooperation with ICC 2002 EN

Part 4 Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 42 Escape and Speciality
(relating to Article 108, Article 111 of the Rome Statute)

(3) If a foreign state requests extradition, provisional extradition, deportation, or other transfer to its sovereign territory for criminal prosecution or execution of a sentence or other sanction, approval may be given when the Court, subject to the provisions of Article 108 para. 3 of the Rome Statute, has given prior approval and the extradition is permissible according to the extradition regulations applicable to the requesting state.

Part 4
Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 41
Enforcement of Prison Sentences

(3) Upon request of the Court, the convicted person shall be surrendered to the Court or to a state designated by it. To the extent the Court does not explicitly notify that the convicted person is to be released from custody, he shall be held in custody until surrender to the Court or to the authorities of a state designated by it. Should the Court at a later point in time request a resumption of the enforcement of a criminal penalty already partially enforced domestically, the documents referred to in para. 1 number 1 are not required to be resubmitted. Para. 1 sentence 1 number 2 and sentence 2 apply mutatis mutandis.

Rome Statute

Article 104 Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.