Article 12
Escape
n record.
2. If the sentenced person escapes from custody and flees the territory of Austria, Austria may, after consultation with the Presidency, request the personʹs extradition or surrender from the State in which the person is located pursuant to any existing bilateral or multilateral arrangements, or may request that the Presidency seek the personʹs surrender, in accordance with Part 9 of the Rome Statute.
TITLE II
Extradition from Austria
CHAPTER TWO
Jurisdiction and Procedure
Surrender
§ 36. (1) The court shall arrange for the performance of the extradition. If the person to be extradited is at liberty, the court shall order his/her arrest upon application by the public prosecutor, if the performance of the extradition cannot be ensured otherwise. The person to be extradited shall be transferred to the relevant border crossing or to any other agreed place of surrender by court prison guards. The personal belongings, which were held in safekeeping, shall also be surrendered, unless the person to be extradited has disposed of them otherwise.
(2) The surrender of a juvenile may also be performed by surrendering the juvenile to the person responsible for the juvenile’s education or a person designated by the latter, if there are no opposing extradition purposes.
(3) A juvenile whose extradition may be expected to be granted, may already be surrendered before a decision has been taken on the extradition request, if this appears to be necessary in order to spare him the drawbacks of prolonged extradition proceedings and if compliance with the specialty rule is ensured. The Federal Minister of Justice shall decide on an early surrender.
Part 2
Specific provisions
Section 3
22. Search
1. Should the International Criminal Court request a search for arrest or should the Austrian authorities otherwise learn of an order for arrest from the Court, the Federal Ministry of the Interior shall seek the arrest of the person for the purpose of surrender to the International Criminal Court if the request or order for arrest contains the necessary details about the person sought and the alleged offence. Referral to the competent court pursuant to paragraph 26(1) of the law on extradition and judicial assistance (ARHG) is not required if the person sought is not an Austrian national or if there is no reason to believe that the person is in Austria.
2. Should a person sought by the International Criminal Court be searched for or arrested in Austria, the Federal Ministry of the Interior shall inform the International Criminal Court thereof through the International Criminal Police Organisation (INTERPOL).
Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit
26. Custody pending surrender and orders for surrender
1. In the event of a request from the International Criminal Court for the arrest and surrender of an accused person, on application by the public prosecutor, the investigating judge shall initiate the surrender procedure and order the arrest of the accused person, his or her custody pending surrender and, in accordance with the following paragraphs, his or her surrender to the International Criminal Court. The investigating judge shall not have competence to consider the allegations giving rise to the arrest warrant or the grounds therefor.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.