Part 2
Specific provisions
Section 5
32. Enforcement of sentences of imprisonment
General provisions
2. The sentences of imprisonment passed by the International Criminal Court shall be enforced directly. Sentences passed by the International Criminal Court may not be modified. In the light of instructions from the International Criminal Court, enforcement shall be subject to the relevant provisions of Austrian law on the understanding that the conditions of detention correspond to those under which persons convicted of similar crimes are held in Austria.
Part 2
Specific provisions
Section 6
41. Acceptance of enforcement of fines and forfeiture measures
2. The decision on a request for enforcement of a fine shall be taken by the Court of First Instance as referred to in paragraph 26(1) of the law on extradition and judicial assistance (ARHG); the decision concerning a request for a forfeiture measure shall however be taken by the Court of First Instance of the district in which the asset or object is to be found, in each case by a panel of three judges (paragraph 13(3) of the Code of Criminal Procedure) by way of a court decision. The fine or forfeiture measure ordered by the International Criminal Court may not be modified. The court decision may be appealed against by the public prosecutor or the person concerned within 14 days before the Court of Appeal.
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.