Article 3
Delivery
The Registrar of the Court, in consultation with the competent national authorities of Austria, shall make appropriate arrangements for the proper conduct of delivery of the sentenced person from the Court to the territory of Austria.
Article 4
Enforcement
3. If, after delivery of the sentenced person to the territory of Austria, the Court, in accordance with the Rome Statute and the Rules, orders that the sentenced person appear for a hearing before the Court, the sentenced person shall be transferred temporarily to the Court, conditional on his/her return to the territory of Austria within the period decided by the Court . The time spent at the Court shall be deducted from the overall sentence to be served in Austria.
Article 6
Conditions of imprisonment
2. Where the Presidency can not agree to the aforementioned circumstances, it shall inform Austria and transfer the sentenced person to a prison of another State.
Article 12
Escape
4. If the sentenced person is surrendered to the Court, then the Court shall transfer him or her to Austria. Nevertheless, the Presidency may, acting on its own motion or at the request of the Prosecutor or of Austria, designate another State, including the State to the territory of which the sentenced person has fled.
Article 13
Change in designation of State of enforcement
1. The Presidency, acting on its own motion or at the request of the sentenced person or the Prosecutor, may, at any time, decide to transfer a sentenced person to a prison of another State. In such a case, the Presidency shall notify the sentenced person, the Prosecutor, the Registrar and Austria.
2. A sentenced person shall be entitled, at any time, to apply to the Presidency to be transferred from Austria.
Article 14
Termination of enforcement
1. The enforcement of the sentence shall cease:
(c) following a decision of the Court to transfer the sentenced person to another State in accordance with the Rome Statute and the Rules;
Article 15
Transfer of the sentenced person upon completion of the sentence
1. Following completion of the sentence, the sentenced person who is not a national of Austria may, in accordance with the law of Austria, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless Austria authorizes the person to remain in its territory.
2. Subject to the provisions of Article 10, Austria may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.
TITLE I
General Provisions
Conditions
§ 4. There shall be compliance with the conditions that another State imposes on the occasion of granting an extradition, transit or surrender, when providing judicial assistance, or in connection with taking over a case for criminal prosecution, surveillance, or execution, and which were not rejected.
TITLE IV
Judicial Assistance to Foreign Countries
CHAPTER TWO
Competences and Procedure
Admitting Foreign Agencies and Persons Involved in the Proceedings to Acts of Judicial Assistance
§ 59. (3) If a person who is allowed to attend an act of judicial assistance is being detained in the foreign country, he/she may be taken over at the request of the other State if the detention is based on a conviction by a competent court, or if there is a reason for detention that is also recognized under Austrian law. The transferred person shall be kept detained in Austria and be returned without delay after of the act of judicial assistance has been completed.
TITLE VI
Obtaining Extradition, Transit, Delivery, Judicial Assistance, as well as Taking Over the Prosecution of a Case, Surveillance and Execution
CHAPTER TWO
Obtaining Judicial Assistance
Summoning Persons from Other States
§ 72. (1) If the personal appearance of a person to be examined by a court proves to be necessary, the competent foreign court may request the service of a summons by way of the established channels of communication. The summons shall not contain threats of coercive measures for the event of non-compliance.
(2) The summoned person must not be prosecuted, punished or restricted in his/her personal liberty in Austria for an act committed before his/her entry into Austria. However, it shall be admissible to prosecute, punish and restrict personal liberty
1. for a punishable act that constitutes the subject of the summons for a person as a defendant,
2. if the summoned person remains on the territory of the Republic of Austria for more than fifteen days after the examination has been completed, although he/she was in a position and allowed to leave, or
3. if he/she returns at his/her own accord or is lawfully returned after leaving the territory of the Republic of Austria.
TITLE VI
Obtaining Extradition, Transit, Delivery, Judicial Assistance, as well as Taking Over the Prosecution of a Case, Surveillance and Execution
CHAPTER TWO
Obtaining Judicial Assistance
Summoning Persons from Other States
§ 72. (1) If the personal appearance of a person to be examined by a court proves to be necessary, the competent foreign court may request the service of a summons by way of the established channels of communication. The summons shall not contain threats of coercive measures for the event of non-compliance.
(2) The summoned person must not be prosecuted, punished or restricted in his/her personal liberty in Austria for an act committed before his/her entry into Austria. However, it shall be admissible to prosecute, punish and restrict personal liberty
1. for a punishable act that constitutes the subject of the summons for a person as a defendant,
2. if the summoned person remains on the territory of the Republic of Austria for more than fifteen days after the examination has been completed, although he/she was in a position and allowed to leave, or
3. if he/she returns at his/her own accord or is lawfully returned after leaving the territory of the Republic of Austria.
Transfer of Detained Persons for Evidence Purposes
§ 73. (1) A person kept in custody in a foreign country may be transferred to Austria in order to perform important investigative measures or to take evidence, in particular for the purpose of their examination or confrontation. The provisions of § 59 (2) and (3) shall be applied in analogy.
(2) If a person kept in pre-trial or punitive detention in Austria is to be transferred to a foreign country for the purpose of achieving an important investigative act, in particular an examination or confrontation, § 54 shall be applied in analogy. The consent of the person to be transferred (§ 54 (1) item 1) shall, however, not be required.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7;
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
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.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.
3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.