Notification of circumstances that could materially affect terms or extent of imprisonment

Federal Republic of Germany

Germany - Cooperation with ICC 2002 EN

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

ยง 41 Enforcement of Prison Sentences
(relating to Article 77 para. 1,Article 103 para. 1 and 2, and Articles 105, 106, and 110 of the Rome Statute)

(4) The Court is responsible for decisions relating to enforcement of the penalty, including pardon, reinstatement of the proceedings, and reduction of the sentence by the Court, as well as for other decisions that could encompass a stopover for the convicted person outside of the institution in which the convicted person may be detained without guard. To the extent circumstances arise that, under German law, would enable a postponement, a temporary postponement, an interruption in enforcement, a termination of the enforcement, a set-off against the prison sentence to be served, or enforcement orders allowing a stopover outside of the enforcement institution without guard, a decision of the Court shall be obtained. The enforcement of the penalty shall, in addition, be arranged according to German regulations and correspond to the enforcement of penalties that are imposed by German courts for similar criminal acts. The provisions of the Prison Act (Strafvollzugsgesetz) regarding objection proceedings and court proceedings are inapplicable to the extent the Court is responsible for rulings on enforcement measures.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(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.