Part 1
General Provisions

2. The principle of cooperation
1. All organs of the Federal State, in particular the courts, public prosecutors, custodial authorities and security authorities, have an obligation to cooperate fully with the International Criminal Court.
2. The obligation in paragraph 1 above shall consist in particular, pursuant to this federal law and in accordance with the Statute and the Rules of Procedure and Evidence of the International Criminal Court, in granting the Court access to information and documents concerning suspected crimes falling within its jurisdiction, providing it with judicial assistance, surrendering accused persons, accepting sentenced persons for the enforcement of sentences, and enforcing fines and forfeitures.

Part 2
Specific provisions
Section 5

32. Enforcement of sentences of imprisonment
General provisions
1. Through a statement addressed to the International Criminal Court, the Federal Minister of Foreign Affairs may, with the consent of the Federal Minister of Justice, state Austria’s willingness to accept sentenced persons for the enforcement of sentences of imprisonment passed by the International Criminal Court. The statement may set a limit on the time for transfer for enforcement and on the number and kind of sentenced persons.

Part 2
Specific provisions

Section 5

32. Enforcement of sentences of imprisonment
General provisions

1. Through a statement addressed to the International Criminal Court, the Federal Minister of Foreign Affairs may, with the consent of the Federal Minister of Justice, state Austria’s willingness to accept sentenced persons for the enforcement of sentences of imprisonment passed by the International Criminal Court. The statement may set a limit on the time for transfer for enforcement and on the number and kind of sentenced persons.
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.
3. The enforcement of sentences of imprisonment passed by the International Criminal Court shall be subject to the supervision of the Court. At the request of the International Criminal Court, its members shall be granted access to prisons.
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.
5. Sentenced persons within the meaning of this section are to be granted unimpeded and confidential written communication with the International Criminal Court.

33. Procedure for the acceptance of enforcement of sentences

1. Should the International Criminal Court decide that a convicted person shall serve his or her sentence of imprisonment in Austria and seek the transfer of the convicted person for the enforcement of his/her sentence, it should address itself to the Federal Minister of Justice. 13
2. The Federal Minister of Justice may only refuse to accept a person for the enforcement of his or her sentence, which as stated complies with paragraph 32(1) above, if it would give rise to unacceptable consequences for the security and public order of the Republic of Austria. Enforcement of the sentences of Austrian nationals may not be refused. The decision of the Federal Minister of Justice is not open to appeal.
3. The decision by the Federal Minister of Justice shall be transmitted to the International Criminal Court with a request to suggest a time and place for the transfer of the sentenced person to the Austrian authorities.
4. Should the sentenced person escape from prison before the expiry of the sentence, the court of enforcement (paragraph 16 of the law on enforcement of sentences) shall issue a warrant of arrest and initiate a search. Should the person sought subsequently be arrested abroad, the court shall, even without an application from the public prosecutor, seek extradition custody pursuant to paragraph 69 of the law on extradition (ARHG) and transmit the documents required under paragraph 68 of the said law to the Federal Minister of Justice. The Federal Minister of Justice shall seek extradition if the requested State does not approve surrender without an extradition procedure, and the International Criminal Court has not decided otherwise.
5. The time spent in custody in the requested State or at the International Criminal Court shall be deducted from the sentence to be served.
6. Should persons who have escaped while serving a sentence passed by the International Criminal Court be arrested in Austria, they shall be surrendered to the State ensuring the enforcement of their sentence according to the provisions which apply for the surrender of persons to the International Criminal Court.