Article 2
Procedure
1. The Presidency of the Court (hereinafter referred to as “the Presidency”), when notifying Austria of its designation to enforce a sentence in a particular case, shall transmit to Austria the following information and documents:
a) the name, nationality, date and place of birth of the sentenced person;
b) a copy of the final judgment of conviction and the sentence imposed;
c) the length and commencement date of the sentence, including information on any pre‐trial detention, and the time remaining to be served;
d) after having heard the views of the sentenced person, any necessary information concerning the state of his or her health (medical or psychological), including any medical treatment that he or she is receiving.
2. Austria shall submit the notification of the designation to the competent national authorities.
3. The competent national authorities of Austria shall promptly decide upon the Court’s designation, in accordance with its national law, and inform the Presidency accordingly.
.

Article 4
Enforcement
1. Subject to the conditions contained in this Agreement, the sentence of imprisonment shall be binding on Austria, which shall in no case modify it.

Article 12
Escape

5. In all cases, the entire period of detention in the territory of the State in which the sentenced person was in custody after his/her escape and, where paragraph 4 of this article is applicable, the period of detention at the seat of the Court following the surrender of the sentenced person from the State in which he/she was located shall be deducted from the sentence remaining to be served.

TITLE V
Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions

CHAPTER THREE
Execution of Foreign Criminal-Court Decisions

Processing of Incoming Requests
§ 66. The Federal Ministry of Justice shall forward requests for the execution of foreign criminal-court decisions to the competent regional court (§ 67 (1)). The Federal Minister of Justice shall immediately refuse a request if circumstances have emerged already at the time when the request is received that render it inadmissible to take over the execution for one of the reasons in listed in § 2 and § 3 (1) or if the request is not suited for lawful processing. At any stage of the procedure the Federal Minister of Justice may demand additional documents from the State requesting that an execution be taken over, either his/her own initiative or upon application by the first-instance court.

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.
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.

34. Speciality of enforcement

1. A convicted person transferred to Austria for the enforcement of a sentence passed by the International Criminal Court may not be prosecuted, punished, detained or extradited to a third country on account of an act engaged in prior to the said transfer, which was not part of the judgement of the International Criminal Court, without its consent.
2. The speciality of enforcement shall not preclude such a measure if:
(1) following release, the person did not leave the territory of the Republic of Austria within 30 days, even though he or she was able and free to do so;
(2) the person leaves the territory of the Republic of Austria, by whatever means, and returns voluntarily, or is returned legally from a third country; or
(3) the International Criminal Court forgoes applying the rule of speciality.

35. Reports about enforcement

At least once a year, and on completion of the sentence, the prison at which the convicted person is serving the sentence of imprisonment passed by the International Criminal Court shall submit a conduct and health report to the Federal Ministry of Justice. The Federal Ministry of Justice is to be notified at once if the convicted person escapes before the expiry of the sentence or if enforcement is no longer possible for other reasons. The International Criminal Court shall promptly be acquainted with such reports.

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.

37. Transfer of enforcement of sentences to another State

1. Any request from the International Criminal Court for the surrender of the sentenced person to another State for the continuation of the enforcement of a sentence shall be promptly complied with.
2. Should a sentenced person ask to serve his or her sentence of imprisonment in another State, the request should be forwarded to the International Criminal Court.

38. Termination of sentences of imprisonment

1. Should the International Criminal Court indicate that the enforcement of a sentence of imprisonment should be terminated, the sentenced person shall be released promptly, or be transferred to the authority responsible for the enforcement of foreign orders, unless Austrian criminal proceedings or extradition proceedings are underway, or grounds exist to initiate such proceedings.
2. Prosecution, punishment or extradition on account of an act engaged in prior to the acceptance of the enforcement of sentences may only proceed consistent with paragraph 34 above.

39. Costs

1. The ordinary costs of enforcement of sentences shall be borne by Austria.
2. Other costs, including the cost of surrender of the sentenced person from or to the Court or from one State of enforcement to another and the cost of expert opinions or reports requested by the International Criminal Court shall be borne by the International Criminal Court.

40. Enforcement of sentences of imprisonment for offences against the administration of justice

Having regard to the enforcement of sentences of imprisonment imposed by the International Criminal Court for offences against the administration of justice pursuant to article 70 of the Statute, this federal law, with the exception of the provisions in paragraphs 32(1) and (5), 33(1) to (5), and 39 above, shall not apply. The procedure shall comply with paragraphs 65 to 67 of the law on extradition and judicial assistance (ARHG).

Section 6

41. Acceptance of enforcement of fines and forfeiture measures

1. The competent court shall comply with requests from the International Criminal Court for the enforcement of orders involving fines or forfeiture measures if it appears likely that the fine can be collected in Austria or if the objects or assets referred to in 15 the order are to be found in Austria. Prior to approving such enforcement, the person ordered to pay the fine and persons claiming rights to the objects or assets shall be heard. The sentenced person need not be heard where he or she cannot be reached.
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.
3. A fine ordered by the International Criminal Court shall be enforced in euros. The official exchange rate as of the day of the International Criminal Court’s order shall be used should the amount of the fine to be enforced be stated in a currency other than euros.
4. Any payment facilities granted by the International Criminal Court in respect of the date of payment of fines or their payment in instalments shall be taken into consideration.
5. Should the enforcement of a fine imposed by the International Criminal Court prove to be partly or wholly impossible, the International Criminal Court shall be informed thereof.
6. If the International Criminal Court cannot collect a fine but instead sentences the convicted person to imprisonment and requests Austria to enforce the sentence, the provisions in paragraphs 32 to 39 above shall apply.
7. Should the enforcement of a forfeiture measure ordered by the International Criminal Court prove impossible, measures shall be taken in accordance with paragraph 19(1) to (4) of the relevant law on financial measures (FinStrG) with a view to collecting amounts corresponding to the value of the assets or objects to be seized.
8. The proceeds from the enforcement of fines and forfeiture measures are to be transferred to the International Criminal Court, subject to the provision in paragraph 9 below.
9. Fines, objects and other assets may be retained in the Republic of Austria if:
(1) the injured person resides or usually lives in Austria and they are to be granted to him or her;
(2) an authority files a claim to them;
(3) a person not involved in the criminal offence claims rights thereto;
(4) they are required for legal proceedings in Austria.
10. Should a person file a claim pursuant to paragraph 9 above, any consideration as to whether to grant the money or assets requires the consent of the International Criminal Court.
11. The provisions of this section shall also apply to the enforcement of fines ordered by the International Criminal Court for offences against the administration of justice pursuant to article 70 of the Statute.

42. Acceptance of enforcement of reparation orders

1. A request from the International Criminal Court for the enforcement of a binding order by the Court for reparations in the form of money shall be admissible if it is likely that it can be collected in Austria.
2. Enforcement shall comply with paragraph 41 above.
3. Enforceable orders of the International Criminal Court for the return of property or proceeds from criminal offences shall be regarded as determinations by foreign courts which fulfil the conditions in paragraph 79(2) of the execution order.

Section 7

43. Effect of the orders of the International Criminal Court

(Constitutional provision) Where evidence is taken in respect of reparations for victims in proceedings before the Austrian courts from a sentenced person, an enforceable judgement of the International Criminal Court shall represent sufficient evidence of the determinations made. Proof of the inaccuracy of determinations shall be admissible.

Section 8

44. Accepting to prosecute offences against the administration of justice

1. At the request of the International Criminal Court, the offences listed in article 70 (1) of the Statute may be prosecuted in Austria where they have been committed on Austrian territory or by Austrian nationals.
2. In judging such offences, the International Criminal Court shall be regarded as if it were an Austrian court and its officials as if they were Austrian officials.
3. Paragraph 60 of the law on extradition and judicial assistance (ARHG) shall be applied with the understanding that references therein to the requesting State relate to the International Criminal Court.

Chapter III
Recognition and Enforcement of Judicial Decisions

Part One
Enforcement of Foreign Custodial Sentences and Preventive Measures

Subdivision One
Enforcement of Judgements by other Member States

Prerequisites
§ 39. (1) A legally-binding custodial sentence or a preventive measure involving deprivation of liberty for life or for a limited period of time imposed on a natural person either staying in the issuing State or in Austria by a court of another Member State on the basis of criminal proceedings, shall be enforced in accordance with the following prerequisites under the terms of this Subdivision:
1. independently from the consent of the sentenced person if he or she
a) is an Austrian national and has his or her domicile or permanent residence in Austria;
b) has his or her domicile or permanent residence in Austria and has fled to Austria in view of the criminal proceedings pending against him or her in the issuing State or following the conviction in this State or otherwise returned there;
c) would be deported to Austria after having served the sentence or measure imposed on the basis of an expulsion or deportation order or a restraining order, independently from whether this decision is included in the judgment or has been taken separately by a court or administrative authority consequential to the judgment;
2. with consent of the sentenced person and only in relation to the Member States that have made such declaration, if the sentenced person is not an Austrian national but has been legally residing continuously for at least five years in Austria and does not lose his or her permit as a permanent or longterm resident in Austria due to the conviction; or
3. with consent of the sentenced person if due to certain circumstances the sentenced person has such close bonds to Austria that it can be assumed

(2) The Federal Ministry of Justice has to announce by ordinance which Member States have made a declaration according to para.1 item 2. that the enforcement in Austria would serve the purpose of facilitating the social rehabilitation and reintegration of the sentenced person into society, even if the prerequisites of para. 1 and 2 do not apply, unless the sentenced person loses his or her residence permit in Austria as a consequence of the conviction.

Inadmissibility of Enforcement
§ 40. The enforcement of a custodial sentence or preventive measure involving deprivation of liberty imposed by final and absolute decision of a court of another Member State shall not be admitted even though the prerequisites of § 39 para. 1 are met,
1. if the criminal acts in respect of which the judgment was issued do not constitute offences punishable by the courts under Austrian law; for fiscal offences § 12 applies accordingly;
2. if at the time the documents mentioned in § 41a para. 1 are received by the competent court less than six months of the custodial sentence or the preventive measure involving deprivation of liberty imposed remain to be served. In such case, several custodial sentences or remaining parts of such sentences to be enforced have to be added up;
3. if the criminal acts in respect of which the judgment was delivered were committed wholly or for a major part in Austria or on board of an Austrian vessel or aircraft and the office of public prosecution has decided to dismiss the case because of the same criminal act or closed the proceedings due to other reasons;
4. if the sentenced person has been convicted in Austria for the same criminal act in respect of which the judgment was delivered or if there has been a legally binding judgment in another state that has already been enforced;
5. if the criminal act in respect of which the judgment was delivered was committed by a person who, owing to his or her age, could not have been held criminally responsible under Austrian law;
6. if the enforcement of the custodial sentence imposed or the preventive measure involving deprivation of liberty is statute-barred under Austrian law;
7. insofar as the sentenced person has been granted an amnesty or a pardon in Austria or in the issuing State;
8. insofar as enforcement would violate provisions on immunity;
9. if the judgment was rendered in absentia of the sentenced person, unless it emanates from the certificate that the person in accordance with the procedural rules of the issuing State
a) was in fact informed in due time by personal summons or in any other way of the time and place of the trial leading to the judgment and was also informed that the decision can be taken in absentia; or
b) aware of the time and place of the trial entrusted a selected lawyer or a lawyer appointed by the court with his or her representation in the trial and was in fact represented by this lawyer during the trial; or
c) after having been served the judgment in absentia and after having been instructed about the right to request a review of the judgment or to appeal against the decision and thus achieve a new evaluation of the facts also taking into account new evidence in his or her presence and a suspension of the decision,
aa) explicitly declared not to request a review of the judgment or to appeal against the decision or
bb) within the existing time limits does not request a review of the judgment or appeal against the decision;
10. if the custodial sentence imposed also includes a preventive measure involving deprivation of liberty which could not be enforced in Austria even considering the possibilities of reducing or adapting the sentence of § 41b para. 3 and 4;
11. if the issuing state, before a decision on the enforcement is taken, does not consent to a request pursuant to § 41e para. 4 in accordance with § 41e para. 2 item 7, that the sentenced person can be prosecuted, sentenced or otherwise subjected to the enforcement of a custodial sentence or a preventive measure involving deprivation of liberty for a criminal act committed prior to the transfer other than that for which the person was transferred; or
12. if there are objective facts that prove that the judgment as been rendered in violation of fundamental rights or fundamental principles of Article 6 of the Treaty on the European Union, especially that the custodial sentence or the preventive measure involving deprivation of liberty has been imposed for the purpose of punishing the sentenced person for his/her sex, race, religion, ethnic origin, nationality, language, political conviction or sexual orientation, and the sentenced person did not have the possibility to bring these circumstances to the European Court of Human Rights or the Court of the European Union.

Chapter III
Recognition and Enforcement of Judicial Decisions

Part One
Enforcement of Foreign Custodial Sentences and Preventive Measures

Subdivision One
Enforcement of Judgements by other Member States

Custody to secure enforcement
§ 41. (1) Upon application of the office of public prosecution the court can arrest the sentenced person prior to forwarding the judgment with the certificate or prior to the decision on the enforcement in order to secure the enforcement, if
1. a corresponding request of the issuing state is presented, the sentenced person is in Austria and the enforcement is not a priori inadmissible;
2. due to specific facts there is the strong suspicion that the sentenced person will try to avoid enforcement because of the duration of the custodial sentence or the preventive measure involving deprivation of liberty to be enforced;
3. the consent of the sentenced person to the enforcement in Austria is not necessary.

(2) The provisions on custody after bringing formal charges (§ 175 para. 5 StPO) shall be applied correspondingly to the procedure of imposing, continuing and terminating custody according to para. 1. Custody has to be terminated in any case if the time limits of § 41a para. 4 have expired or if the enforcement is dismissed (§ 41f).

Procedure
§ 41a. (1) Enforcement requires that
1. the judgment to be enforced
2. the certificate signed by the competent authority of the issuing State (Annex VII) and, unless the issuing State has declared to accept certificates in the German language as executing State (§ 42b para. 5), the translation of the certificate into the German language;

(2) If the conditions set out in § 39 para. 1 prevail, the Austrian court can request the competent authority of the issuing State, also on request of the sentenced person, to forward the documents mentioned in para. 1.

(3) In the cases of § 39 para. 1 item 3 the court shall first consult with the competent authority of the issuing State whether the conditions set out in this provision prevail. If the court due to the results of the consultation is convinced that enforcement in Austria will serve the purpose of facilitating the social rehabilitation and reintegration of the sentenced person into society, the competent authority of the issuing State has to be informed immediately that the documents listed in para. 1 can be forwarded.

(4) If
1. the certificate is not forwarded or is not complete in essential parts or clearly contradicts the judgment; or
2. there are indications that the conditions set out in § 39 para. 1 are not met or that one of the reasons for the inadmissibility of enforcement listed in § 40 items 3, 4, 10 and 12 prevail,
the competent authority of the issuing State shall be requested to forward the missing documents, complete them or forward additional information within an appropriate period to be determined, together with the information that in case the time limit expires the judgment will be enforced neither partly nor completely and the sentenced person will be released.

(5) Prior to the decision a reasoned opinion shall be forwarded to the competent authority of the issuing State stating that the enforcement of the custodial sentence or the preventive measure involving deprivation of liberty in Austria in the cases of § 39 para. items 1 and 2 does not serve the purpose of facilitating the social rehabilitation and reintegration of the sentenced person into society, especially because the relatives of the sentenced person live in the issuing State or in another (Member) State or because the sentenced person is working in the issuing State or in another (Member) State. If the competent authority of the issuing State after examining this opinion declares that the certificate will not be withdrawn, the enforcement shall be taken over if the other prerequisites prevail.

(6) Prior to the decision on partial inadmissibility of the enforcement the competent authority of the issuing State shall be requested to explain whether and if yes under which circumstances consent is given to a partial enforcement or whether the certificate is being withdrawn.

(7) When deciding on the inadmissibility of the enforcement based on the reasons stated in § 40 item 3 it shall especially be taken into consideration whether the criminal act in respect of which the judgment was issued, was partly or wholly committed on the territory of the issuing State.

(8) The sentenced person has to be heard concerning the prerequisites of enforcement (§§ 39 and 40) and the completed standard form under Annex VIII shall be handed over to him or her if he or she is in Austria.

(9) § 14 para. 1 to 5 apply to the means of communication.

Decision
§ 41b. (1) The decision on enforcement shall be taken in the form of a court
order. The order has to contain the denomination of the court that issued the
judgment to be enforced, its case number, a short description of the facts including
time and place of the criminal act, the denomination of the criminal act and the
applicable legal provisions.

(2) If the decision is taken to enforce the judgment, the custodial sentence or
preventive measure involving deprivation of liberty to be enforced in Austria
(subject to the provisions of para. 3 and 4) shall be determined in such nature and
duration that it corresponds to the sentence imposed in the judgment to be enforced.
§§ 38 and 66 StGB are applicable.

(3) If the custodial sentence or preventive measure involving deprivation of
liberty imposed exceeds the maximum penalty provided for the same offence or for
similar offences under Austrian law, it shall be adapted to the maximum penalty
provided for similar offences under Austrian law.

(4) If the custodial sentence or preventive measure involving deprivation of
liberty imposed is incompatible with Austrian law in terms of its nature, it shall be
adapted to the custodial sentence or preventive measure involving deprivation of
liberty provided for under Austrian law for similar offences. The adapted custodial
sentence or preventive measure involving deprivation of liberty shall correspond as
closely as possible to the sentence imposed in the issuing State and shall not
aggravate it.

(5) The office of public prosecution and the sentenced person are entitled to
appeal against the court order within 14 days to the Superior Regional Court.

(6) To the enforcement, the release on probation and the procedure of granting
pardon Austrian law shall be applied.

Postponing the decision on enforcement
§ 41c. The decision on the enforcement of the custodial sentence or preventive
measure involving deprivation of liberty may be postponed
1. until a final and absolute decision on the appeal against the court order has been taken (§ 41b para. 5);
2. until the judgment to be enforced is translated provided that the court considers this necessary and orders the translation at its own costs;
3. until the supplementary information or documents requested from the competent authority of the issuing State are received.

Time limits for the decision
§ 41d. Unless there is a reason for the postponement of the decision on the enforcement according to § 41c, the decision shall be taken within 90 days from the time the competent court has received the documents listed in § 41a para. 1. If this time limit cannot be met in exceptional cases, the court shall inform the competent authority of the issuing State giving the reasons for the delay and the time presumably needed for the final decision to be taken.

Chapter III
Recognition and Enforcement of Judicial Decisions

Part One
Enforcement of Foreign Custodial Sentences and Preventive Measures

Subdivision One
Enforcement of Judgements by other Member States

Information of the issuing State
§ 41g. The court shall inform the competent authority of the issuing State without delay using the means of communication listed in § 14 para. 3,
1. if it forwards the case to the competent court (§ 40a para. 3);
2. of the provisions on release on probation under Austrian law indicating the earliest possible date for this and the duration of the probation period, if requested to do so in the certificate;
3. if the sentence cannot be enforced because the sentenced person cannot be found in Austria after forwarding the documents listed in § 41a para. 1;
4. of the final decision to enforce the sentence indicating the date the decision became final;
5. if the enforcement of the sentence is partially or wholly refused, together with the reasons for such decision;
6. if the custodial sentence or preventive measure involving deprivation of liberty is reduced or adapted, together with the reasons for such decision (§ 41b para. 3 and 4);
7. if the sentence is not enforced because of a an amnesty or pardon granted to the sentenced person;
8. if the sentenced person fled from custody before the enforcement of the sentence; or
9. if the enforcement of the sentence has been completed.