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

Republic of Austria

Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 2
Specific provisions

Section 5

32. Enforcement of sentences of imprisonment
General provisions

4. Should a person serving a sentence of imprisonment imposed by the International Criminal Court in Austria be eligible under Austrian law for more lenient treatment involving unguarded work outside the prison, the International Criminal Court shall be informed thereof before such work is allowed. Its opinion shall be taken into consideration in the decision.

Part 2
Specific provisions

Section 5

36. Conditional release and pardon

1. (Constitutional provision) Decisions regarding the conditional release, pardon or reduction of sentence of a person sentenced by the International Criminal Court shall be taken by the International Criminal Court.
2. Should the convicted person make an application for conditional release, pardon or a reduction of sentence, it shall be submitted to the Federal Ministry of Justice for forwarding to the International Criminal Court.
3. The International Criminal Court should be informed ex-officio of any circumstances which are favourable for conditional release, pardon or a reduction of sentence.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

2.

(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.