Section 62
Temporary transfer abroad for foreign proceedings

(1) Whoever is in remand detention or in prison within the area of application of this Act or has been ordered to be placed under a measure of reform and prevention involving deprivation of liberty may be temporarily transferred, in the capacity as witness, to a foreign state upon request by a competent agency in that state for proceedings pending there for the purpose of a hearing, an identity parade or a visual inspection if

1. that person has consented thereto, following instruction, and that consent was declared before and placed on record by a judge,

2. it is not expected that the period in detention will be extended or that the purpose of the criminal proceedings will be impeded as a consequence of the transfer,

3. it is guaranteed that, throughout the period of transfer, the person concerned will not be punished, subjected to another sanction or will not be prosecuted by measures which cannot also be taken in his or her absence and that, in the event of being released, said person may leave the requesting state and

4. it is guaranteed that the person concerned will be transferred back without delay following the taking of evidence, unless the right to transfer back has been waived.

Such consent (sentence 1 no. 1) may not be revoked.

(2) The public prosecution office at the higher regional court prepares and effects the transfer. Local jurisdiction lies with that public prosecution office at the higher regional court in whose district the detention is being enforced.

(3) Any time spent in detention in the requesting state is credited against the detention to be enforced within the area of application of this Act. Section 37 (4) applies accordingly.