Part 2
Specific provisions
Section 2
21. Judicial assistance from the International Criminal Court
1. Should criminal proceedings arise before an Austrian court on account of an act constituting a crime within the jurisdiction of the International Criminal Court or any other serious crime under Austrian law, the Court may be asked for judicial assistance.
2. Requests shall be made in writing. The written request and supporting material shall be accompanied by certified translations in English or French.
3. Courts and public prosecutors shall submit requests addressed to the International Criminal Court to the Federal Ministry of Justice for onward transmission.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
b. The questioning of any person detained by order of the Court;
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.