Law on cooperation with the International Criminal Court (ICC-Law-IStGHG)

Unofficial table of contents

IStGHG

Date of completion: 21.06.2002

Full quote:

" ICC Act of 21 June 2002 (BGBl. 2144), as last amended by Article 165 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:

Last amended by Art. 165 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.2002 + + +) 

  

The G was referred to as Article 1 (d). G v. 21.6.2002 I 2144 of the Bundestag, with the consent of the Bundesrat, decided. It's gem. Article 13 of this Act entered into force on 1 July 2002. Unofficial table of contents

Content Summary

Part 1
	Scope
		§ 1	Scope
Part 2
	Transfer
		§ 2	Principle
		§ 3	Requests for transfer and early criminal proceedings before the Court of Justice or in a foreign country
		§ 4	Request for delivery and extradition requests
		§ 5	Transfer Documents
		§ 6	Approval of the transfer
		§ 7	Objective competence
		§ 8	Local competence
		§ 9	Measures to be taken
		§ 10	Superposition
		§ 11	Provisional Provisional Detention
		§ 12	Transfer arrest warrant
		§ 13	Provisional arrest
		§ 14	Procedures after seizure due to a rendition warrant
		§ 15	Procedure after preliminary arrest
		§ 16	Detention decisions, suspension of execution of the Rendition Arrest Warrant
		§ 17	Liability Check
		§ 18	Enforcement of detention
		§ 19	Questioning of the persecuted
		§ 20	Admissibility procedure
		Section 21	Conduct of oral proceedings
		Section 22	Decision on admissibility
		Section 23	Re-decision on admissibility
		§ 24	Detention order to carry out the transfer
		Section 25	Speciality
		Section 26	Request for delivery after previous delivery
		§ 27	Temporary transfer
		§ 28	German criminal proceedings and transfer requests
		§ 29	Publication of objects in the transfer procedure
		§ 30	Seizure and search
		Section 31	Beistand
		Section 32	Simplified rendition
		§ 33	Appeal of the Federal Court of Justice
Part 3
	Passing through
		Section 34	Principle
		§ 35	Pass-through documents
		§ 36	Responsibility
		Section 37	Transfer procedures
		§ 38	Multiple transit
		§ 39	Unforeseen port of call
Part 4
	Legal assistance through the enforcement of judgments and orders of the Court of Justice
		§ 40	Principle
		Section 41	Enforcement of custodial sentences
		§ 42	Escape and speciality
		Section 43	Enforcement of financial penalties
		Section 44	Enforcement of cases of decay
		§ 45	Enforcement of reparation orders
		Section 46	Jurisdiction, Appeal of the Federal Court of Justice, assistance
Part 5
	Other legal assistance
		§ 47	Principle
		§ 48	Deferment of execution
		§ 49	Responsibility
		§ 50	Court decision
		Section 51	Publication of objects
		Section 52	Seizure and search, property seizure
		Section 53	Personal appearance of witnesses
		§ 54	Temporary submission
		§ 55	Temporary transfer and transfer
		§ 56	Protection of persons
		Section 57	Deliveries
		Section 58	Dissemination of knowledge and information received on the basis of service
		§ 59	Telecommunications monitoring and other measures without the knowledge of the person concerned
		§ 60	Presence in the case of legal assistance
		Section 61	Court hearings
		Section 62	Direct discharge by the Court of Justice
		§ 63	Introduction of a German criminal procedure
Part 6
	Outbound Requests
		Section 64	Form and content of requests
		Section 65	Resubmission
		Section 66	Temporary handover for a German procedure
		Section 67	Conditions
Part 7
	Common rules
		Section 68	Responsibility of the Confederation
		Section 69	German criminal proceedings and previous criminal proceedings before the Court of Justice
		Section 70	Notification
		Section 71	Cost
		Section 72	Application of other procedural rules
		Section 73	Limitation of fundamental rights

Part 1
Scope

Unofficial table of contents

§ 1 Scope
(To Articles 1, 17, 86 and 34 of the Rome Statute)

(1) The International Criminal Court supplements the German criminal justice system. The Federal Republic of Germany is working under this Act and the Rome Statute of the International Criminal Court (Rome Statute) of 17 July 1998 (BGBl. 1393) together with the International Criminal Court. (2) For the purposes of this Act, the word "Court of Justice" refers to the International Criminal Court, established by the Rome Statute, including its Bureau, its Chambers, the Office of the Prosecutor, the Registry and the members of these institutions.

Part 2
Transfer

Unofficial table of contents

§ 2 Principle
(To Article 89 (1), Article 91 (2) and (3) of the Rome Statute)

(1) Persons whose rendition has been requested by the Court of Justice in accordance with the Rome Statute and which reside in the country shall be subject to prosecution and enforcement in accordance with the provisions of the Rome Statute and this Act (2) A transfer to the execution of the sentence may, in agreement with the Court of Justice, also be transferred to the competent authorities of the State in which a custodial sentence imposed by the Court of Justice is carried out by direct surrender of the person to be prosecuted shall be carried out (executing State). Unofficial table of contents

§ 3 Order of transfer and early criminal proceedings before the Court of Justice or in a foreign country
(To Article 89 (2), first sentence, of the Rome Statute)

If the person persecuted during the transfer proceedings, because of the fact that the Court of Justice has asked for an exposition to have already been convicted or acquitted by the Court of Justice or the court of a State, the person concerned shall inform the The public prosecutor's office at the Higher Regional Court shall immediately, without prejudice to the third sentence of section 68 (3) and (4), place the office in question against the persecuted person. The Oberlandesgericht temporarily suspends the transfer procedure under Article 89 (2) sentence 3 of the Rome Statute until the Court of Justice decides on the admissibility. The person who has been persecuted shall not be transferred if the Court of Justice decides that the conduct of a criminal procedure is not admissible. Unofficial table of contents

§ 4 Delivery requests and extradition requests
(On Article 90 of the Rome Statute)

(1) The Court may be informed of the position of the request for the extradition of a foreign country for the extradition of a person on the basis of a deed by the Court of Justice of the Court of Justice. Upon request, a copy of the request for extradition and the accompanying documents shall be forwarded to the Court of Justice if the foreign State does not object to the transmission and the transmission does not conflict with any other (2) requests from both the Court of Justice and a foreign State for the extradition of the same person shall be notified to the Court of Justice and to the State by the other request. If, in the case of the same act, a request for transfer and extradition is requested, this shall be indicated in the information provided for in the first sentence. (3) If the extradition has not yet been granted at the time of receipt of the request by the Court of Justice, the decision shall be taken shall, subject to the provisions of paragraph 5, postpone until the decision on the approval of the transfer. The decision as to which request shall be given priority shall be determined in accordance with Article 90 (2), (4) and (7) (a) of the Rome Statute. (4) In the cases referred to in Article 90 (2) to (6) of the Rome Statute, the request shall be made after the request has been made. (5) In the case of the Court of Justice, the Court of Justice has rejected the decision on the granting of extradition pending the final decision in proceedings before the Court of Justice. (5) The Court of Justice has Article 90 (5) of the Rome Statute not within two months from the date of the communication Article 90 (1) of the Rome Statute on admissibility may, in the event of the other conditions, take a decision on the granting of extradition. (6) In the cases referred to in Article 90 (6) and (7) (b) of the Statute, the The Rome Statute shall be given priority to the request of the Court of Justice unless, having regard to the characteristics set out in those provisions, the reasons which speak for the approval of the request for extradition clearly outweigh the reasons (7). The Court of Justice shall, in all cases, decide on the decision to: Requests for extradition. Unofficial table of contents

§ 5 Order documents
(Article 91 (2) and (3), Article 111 of the Rome Statute)

(1) The transfer to the Court of Justice shall be admissible only if the provisions of Article 91 (2) of the Rome Statute (transfer to prosecution) or the provisions of Article 91 (3) of the Rome Statute (transfer to the Court of Enforcement) are not permitted. Documents have been submitted. Where a request is made for the prosecution of a number of acts, a document of the Court of Justice, resulting from the action taken against the person being persecuted, shall be sufficient in respect of further acts instead of an arrest warrant. In the documents referred to in Article 91 (2) (c) of the Rome Statute, the applicable provisions shall be presented. In so far as the provisions of the Staff Regulations are concerned, the indication of the designation of these provisions shall be sufficient. (2) The execution of the granted transfer to the executing State for the execution of the sentence (§ 2 para. 2) shall be admissible only if, in addition to the in- Article 91 (3) of the Rome Statute

1.

a document of the executing State from which his agreement with the execution is obtained or a declaration by the Court of Justice according to which the executing State is in agreement with the enforcement of that State and

2.

the Court of Justice has agreed to the surrender by the German authorities to the executing State of the person being persecuted in the request or in the documents attached to it.

Unofficial table of contents

§ 6 Approval of surrender

The transfer may only be granted, except in the case of § 32, if the court has declared it admissible. Unofficial table of contents

§ 7 Sachliche jurisdiction

(1) The court decisions shall be issued, unless otherwise specified, the Higher Regional Court. The decisions of the Oberlandesgericht (Oberlandesgericht) are indisputable. (2) The Public Prosecutor's Office at the Higher Regional Court prepares the decision on the transfer and carries out the approved transfer. Unofficial table of contents

Section 8 Local competence

(1) The Oberlandesgericht (Oberlandesgericht) and the Public Prosecutor's Office (Oberlandesgericht) in the Higher Regional Court (Oberlandesgericht), in whose district the persecuted for the purpose of surrender are seized or, if a seizure is not carried out, are first determined. (2) Persecuted persons who are to be transferred for participation in the same deed or in connection with it, seized or identified in the districts of different Oberlandesgericht for the purpose of surrender, the jurisdiction shall be governed by the Upper county court or, as long as no Higher Regional Court has yet been seized, (3) As long as the stay of the persecuted person is not known, the responsibility for the prosecution is determined by the seat of the Federal Government. Unofficial table of contents

§ 9 Measures to be punished
(On Article 59 (1) of the Rome Statute)

(1) Upon receipt of a request by the Court of Justice to arrest and transfer pursuant to Article 89 (1) of the Rome Statute or provisional arrest in accordance with Article 92 (1) of the Rome Statute, the necessary measures shall be taken to establish the Stay and seizure of the persecuted. The provisions of Section 9a of the First Book of the Code of Criminal Procedure shall apply accordingly. (2) No separate request from the Court of Justice shall be required for the arrangement of individual search measures. The public prosecutor's office at the Higher Regional Court is responsible for the call for tenders for the arrest. Unofficial table of contents

§ 10 Overseer
(On Article 59 (1) of the Rome Statute)

After receipt of the arrest and transfer request, which, in the case of a transfer to prosecution, is the subject of Article 91 (2) of the Rome Statute or, in the case of a transfer to the enforcement of criminal proceedings, the provisions of Article 91 (3) of the Rome Statute. The documents referred to in the Staff Regulations shall be placed against the persecuted persons. Unofficial table of contents

Section 11 Preliminary superposition
(To Article 59 (1), Article 92 of the Rome Statute)

(1) A request by the Court of Justice for a provisional arrest and the documents referred to in Article 92 (2) of the Rome Statute shall be arranged provisionally in a temporary manner. The arrest warrant shall be lifted if, since the day of the seizure or provisional arrest, the person being persecuted has been detained for a total of 60 days for the purpose of surrender, without a request by the Court of Justice for arrest and surrender, and the transfer documents to be submitted in accordance with the Staff Regulations have been received by the competent body in accordance with Section 68 (1) or the person being persecuted has not agreed to his simplified transfer (§ 33) within that period. (2) Receipt of an arrest and transfer request or a request for provisional Detention may be provisionally arranged if the person is, as a matter of urgency, suspicious, on the basis of certain facts, of an act which may give rise to a transfer to the Court of Justice, and

1.

there is a risk that the person being persecuted will be removed from the transfer procedure or the execution of the transfer, or

2.

on the basis of certain facts, there is an urgent suspicion that the person being persecuted will complicate the investigation of the truth in the proceedings of the Court of Justice or the transfer proceedings.

Provisional detention may also be ordered against a persecuted person who is in urgent need of committing a genocide (Article 6 of the Rome Statute) or a crime against humanity (Article 7 of the Rome Statute). , if certain facts establish the risk that, without arrest of the person being persecuted, the investigation of the act which is accused of him could be jeopardized by the Court of Justice. Appropriate measures shall be taken to ensure that the body competent pursuant to Section 68 (1) is able to inform the Court of Justice of the order of detention pursuant to sentence 1 or sentence 2. (3) The provisional arrest warrant referred to in paragraph 2 shall be if the Court of Justice declares that it does not wish to make such a request or that the person who has been persecuted has been detained for a total of one month from the date of the seizure or provisional arrest for the purpose of surrender, without Request by the Court of Justice for arrest and transfer or provisional arrest in connection with the provisions of Section 68 (1) competent authority. The time limit referred to in the second sentence of paragraph 1 shall apply with the receipt of a request from the Court of Justice for the arrest and transfer or provisional arrest. Unofficial table of contents

§ 12 Overposition arrest warrant

(1) The provisional detention and the detention shall be ordered by written arrest warrant (arrest warrant) of the Higher Regional Court. (2) In the Arrest Warrant, the order shall be ordered.

1.

of the persecuted,

2.

the act of the persecuted act,

3.

the request and the transfer documents transmitted or in the case of § 11 (2) sentence 1 or 2 of the grounds of detention and the facts which substantiate it, as well as the facts which result from the fact that the persecuted one of the acts which led to his surrender There can be cause, as a matter of urgency, suspicious.

3. The arrest warrant shall be lifted if the request is withdrawn, the Court of Justice declares that the procedure to be used for the transfer request is inadmissible before it is inadmissible or the transfer is declared inadmissible. Unofficial table of contents

Section 13 Preliminary arrest

(1) The public prosecutor's office and the officers of the police service shall be entitled to arrest for provisional arrest if the conditions of a surfacing arrest warrant are met. Under the conditions laid down in the first sentence of Article 127 (1) of the Code of Criminal Procedure, everyone is entitled to provisional arrest. (2) If the persecuted person is arrested, the reason for the arrest is to be communicated to him. (3) If a warrant for the arrest of the person is present, he shall be entitled to it shall be immediately known to the persecuted person. The persecuted person shall receive a copy. Unofficial table of contents

§ 14 Procedure after seizure on the basis of a transfer arrest warrant
(On Article 59 (2) of the Rome Statute)

(1) If the persecuted person is seized on the basis of an arrest warrant, he shall immediately be brought before the judge of the next local court, no later than the day after the seizure. (2) The judge at the District Court shall hear the persecuted immediately after the performance, at the latest on the following day, on his personal circumstances, in particular on his nationality. He points out that he is in any position to use the proceedings of an adviser (§ 31) and that he is free to comment on the act he has been accused of or not to testify to it. He then lectioned to the persecuted that he would apply for the suspension of the order for the arrest warrant and could, on the basis of the Court's arrest warrant, apply at any time to the Court of Justice and ask him whether, and if so, on what grounds. § 41 (5) sentence 1 shall apply mutatily. In the case of Section 11 (2), the hearing also extends to the subject-matter of the accusation; in the other cases, the information which the persecuted person makes of himself shall be included in the Protocol. A copy of the minutes shall be forwarded to the Court of Justice if the Court of Justice requests it. (3) If the Court of Justice is concerned that:

1.

the term shall not be the person designated in the Arrest Warrant;

2.

the transfer arrest warrant has been repealed, or

3.

is subject to the execution of the Rendition Arrest Warrant,

the judge shall arrange for release at the District Court. The decision shall be taken after hearing the public prosecutor's office at the Higher Regional Court, which is responsible for the decision on the admissibility of the transfer. (4) If the arrest warrant has been revoked or suspended, the decision shall be taken to the judge at the District Court, that the person to be persecuted shall be held until the decision of the Oberlandesgericht, if:

1.

the conditions under which a new arrest warrant has been issued for the offence, or

2.

Reasons for ordering the execution of the Rendition Arrest Warrant are to be found.

The Public Prosecutor's Office at the Higher Regional Court immediately leads the decision of the Higher Regional Court. (5) The person persecuted for the execution of the order for the arrest warrant or against the warrant or against the warrant for the arrest of the contence. Without prejudice to the provisions of section 68 (3) sentence 3 and 4, the judge shall immediately notify the court of his/her other objections, which are not manifestly unfounded, or if the Judge has concerns with the District Court against the maintenance of the detention. Prosecutor's office with the Higher Regional Court. The Public Prosecutor's Office at the Higher Regional Court shall immediately take the decision of the Oberlandesgericht (Oberlandesgericht); § 16 (2) to (4) shall apply accordingly. (6) The person prosecuted against the transfer does not give any objection, so he shall inform him. Judge at the District Court on the possibility of simplified rendition and its legal consequences (§ 33) and then takes its statement on the protocol. (7) The decision of the Judge to the Local Court shall be unquestionable. Unofficial table of contents

Section 15 Procedure after preliminary arrest

(1) If the persecuted person is provisionally arrested, he shall be brought to the judge of the next administrative court immediately, no later than the day after the arrest. (2) § 14 (2) shall apply mutatis-ly to the interrogation of the persecuted person. (3) in the case of the hearing that the term of office is not the person to which the request or the facts referred to in Article 11 (2) relate, the judge shall order his release at the District Court. Otherwise, the judge shall assign to the District Court that the person to be persecuted shall be held until the decision of the Higher Regional Court. The Public Prosecutor's Office at the Higher Regional Court shall immediately bring the decision of the Oberlandesgericht to the public; the participation of the Court of Justice shall be governed by the provisions of Article 59 (4) to (6) of the Rome Statute. Section 14 (5) to (7) shall apply accordingly. Unofficial table of contents

§ 16 Adoration decisions, suspension of the enforcement of the overposition arrest warrant
(To Article 59 (4) to (6) of the Rome Statute)

(1) The Oberlandesgericht (Oberlandesgericht) decides on objections from the person being persecuted against the transfer arrest warrant or against his or her enforcement. (2) The Oberlandesgericht (Oberlandesgericht) may decide to execute a judgment given on the basis of a request by the Court of Justice. Suspend the transfer arrest warrant only under the conditions laid down in Article 59 (4) of the Rome Statute. The execution of an arrest warrant issued in accordance with section 11 (2) sentences 1 and 2 may be suspended if less restrictive measures provide the assurance that the purpose of the transfer detention order is also achieved by them. (3) Before a The decision referred to in paragraph 1 or the first sentence of paragraph 2 shall be given to the Court of Justice for an opinion. Any recommendations shall be taken into account in accordance with the second sentence of Article 59 (5) of the Rome Statute. If a recommendation from the Court of Justice is to be dismissed, the Court should be given the opportunity to give its opinion again, giving the reasons for its opinion. If the execution of the transfer arrest warrant is suspended, the Court shall be informed of the facts of the case. (4) Section 116 (1) sentence 2, para. 4, § § 116a, 123 and 124 (1), 2 sentence 1, para. 3 of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

§ 17 Detention Test

If the persecuted person is in an interim or provisional arrest, the Higher Regional Court shall decide on the suspension of the execution of the arrest warrant, if the person persecuted since the day of the seizure, the provisional The arrest or final decision on the execution of the Transfer Arrest Warrant for a total of two months for the purpose of the transfer is in detention. The adhesion test is repeated in each case after two months. The Oberlandesgericht may order the detention test to be carried out within a shorter period of time. § 16 (2) and (3) shall apply accordingly. Unofficial table of contents

Section 18 Full-time detention

(1) The provisions of the Code of Criminal Procedure, the Penal Act and, to the extent that the person being persecuted, are deemed to be provisional, the custody and the detention on the basis of an order by the judge at the local court shall apply to the court. (2) The Public Prosecutor's Office at the Higher Regional Court determines the institution in which the person to be persecuted is to be held. (3) The judicial injunctions shall be the subject of the following: Chairman of the relevant Senate of the Higher Regional Court. Unofficial table of contents

Section 19 questioning of the persecuted

(1) After the receipt of the arrest and transfer request, the Oberlandesgericht dismises the persecuted if he has not agreed to a simplified transfer (§ 32). (2) The Oberlandesgericht (Oberlandesgericht) shall hear the persecuted person his personal circumstances, in particular on his nationality. The second sentence of Article 14 (2) and (3) shall apply accordingly. The subject of the accusation is to be heard by the person who has been persecuted in the case of the public prosecutor's office in the Higher Regional Court; in the other cases, the information which the person being persecuted by himself is to be included in the protocol. Section 14 (2) sentence 5 and (6) shall apply accordingly. Unofficial table of contents

§ 20 Admissibility procedure

(1) If the person being persecuted does not agree to the simplified transfer (§ 32), the Public Prosecutor's Office shall apply to the Oberlandesgericht for the decision of the Oberlandesgericht as to whether the transfer is admissible. (2) Rich The Oberlandesgericht (Oberlandesgericht) shall not decide to provide supplementary documents for the purposes of assessing the admissibility of the transfer. (3) The Oberlandesgericht (Oberlandesgericht) may decide to apply the documents to the Court of Justice. Persecuted. It may collect other evidence on the admissibility of the transfer and conduct an oral hearing. The nature and extent of the taking of evidence shall be determined by the Oberlandesgericht (Oberlandesgericht), without being bound by applications, waits or previous decisions. Unofficial table of contents

Section 21 Implementation of the oral proceedings

(1) From the place and the time of the oral proceedings, the Public Prosecutor's Office shall be notified to the Oberlandesgericht (Higher Regional Court), the persecuted person and his assistance (§ 31). At the oral proceedings, a representative of the Public Prosecutor's Office must be present at the Higher Regional Court and the ordered assistance of the persecuted person. Members of the Court of Justice and the defender of the person being persecuted in proceedings before the Court of Justice may be allowed to be present and to ask questions. (2) If the person to whom he has been persecuted is in detention, he shall be presented, unless he/she has been detained the presence in the trial has waived or that the performance of illness, intentionally induced inability to negotiate, absence due to irregular Benehmens or any other not to be eliminated from the persecuted, (3) If the persecuted person is on a free foot, it shall be the Oberlandesgericht (Oberlandesgericht) regularly displays his/her personal appearance, unless there are important reasons to speak against the order. If the duly charged persecutor does not appear and his long-distance stay is not sufficiently apologised, the Higher Regional Court shall arrange for the presentation and shall take the measures necessary to ensure a later transfer. (4) In the oral proceedings shall be heard by the parties present. A protocol shall be recorded on the hearing. Section 14 (2) sentence 5 shall apply accordingly. Unofficial table of contents

Section 22 Decision on admissibility

Reasons shall be given for the decision on the admissibility of the transfer. He is made known to the public prosecutor's office at the Higher Regional Court, the persecuted and his assistance (§ 31). The persecuted person shall receive a copy. Unofficial table of contents

Section 23 Redecision on admissibility

(1) In accordance with the decision of the Higher Regional Court on the admissibility of the transfer circumstances, which are appropriate for a different decision on the admissibility, the Oberlandesgericht of Office shall decide on its own account, on request the public prosecutor's office at the Higher Regional Court or, at the request of the person being persecuted, again on the admissibility of the transfer. (2) If, after the decision of the Oberlandesgericht (Oberlandesgericht), circumstances become known which give a different decision on admissibility. , the Higher Regional Court may again be able to use the the admissibility of surrender. Paragraph 1 shall apply mutatis. (3) In the event of the consent of the person being persecuted, paragraphs 1 and 2 shall be applicable in accordance with its simplified transfer, with the proviso that the decision of the Oberlandesgericht shall be replaced by the statement of the statement of the person who is being persecuted. (4) § 20 para. 3, § § 21, 22 shall apply accordingly. (5) The Higher Regional Court may order the postponing of the transfer. Unofficial table of contents

Section 24 Prison to carry out the transfer

If the execution of a transfer arrest warrant is suspended, the Oberlandesgericht shall, after the transfer of the surrender, order the enforcement, unless there are important reasons to oppose the detention and the execution of the transfer to others This is ensured. Unofficial table of contents

§ 25 Speciality
(To Article 101 of the Rome Statute)

(1) The Court of Justice may, under the conditions laid down in Article 101 (2) of the Rome Statute, prosecute, prosecute, punish or prosecute a person who has been persecuted to him for acts other than that which has been granted for the purposes of surrender. (2) Fight a foreign country to the admissibility of criminal proceedings before the Court of Justice successfully under Article 19 in conjunction with Article 17. Paragraph 1 (a) of the Rome Statute, and the Court of Justice , paragraph 1 shall not apply to those who have been persecuted to the authorities of that State. In such a case, the Court of Justice shall be invited to return the person who has been persecuted. The provisions of the right of extradition shall apply to the further procedure. (3) Paragraph 1 shall likewise not apply in so far as a foreign State has the jurisdiction of the Court of Justice, the State in whose territory the Court is established (host State, Article 3 of the Rome Statute), or the executing State for extradition, temporary extradition, deportation or any other movement within its jurisdiction, for the prosecution or enforcement of a sentence or other sanction. The Court of Justice is requested to return the person who has been persecuted if, inter alia, it is not possible to ensure compliance with the rules of extradition law applicable in relation to the requesting State. Unofficial table of contents

§ 26 Request for surrender after previous extradition

(1) If the extradition of a persecuted person to a foreign State is carried out and the Court of Justice asks for consent to the prosecution or the execution of a sentence, consent shall be given if:

1.

, it has been shown that the persecuted person had the opportunity to comment on the request and that the Oberlandesgericht (Oberlandesgericht) ruled that the transfer would be allowed, or

2.

it has been shown that the person persecuted has agreed to the record of a judge of the Court of Justice or of the State to which he was extradited, with the prosecution or enforcement of the sentence, and for the fact that the person concerned has been subject to the Transfer may be allowed.

If the request is based on the same deed, the Court of Justice shall be informed. (2) The procedure shall apply in accordance with Section 20 (1) with the proviso that, in the case of the person being persecuted with the simplified rendition, his agreement shall be replaced by the The meaning of the first sentence of the first sentence of paragraph 1 occurs, as well as § 20 (2) and (3) sentence 2 and 3, § 21 (1), 2 sentence 2, para. 4, § 22, 23 (1) and 2 (2). The Oberlandesgericht (Oberlandesgericht), which was responsible for the admissibility of extradition in the extradition proceedings, is responsible for the court decision pursuant to the first sentence of the first sentence of paragraph 1. (3) If the extradition has not yet been carried out, in response to a request of the type referred to in paragraph 1, consent shall be given if, in fact, the transfer to the Court of Justice would be admissible. The second sentence of paragraph 1 shall apply accordingly. § § 19 to 23 shall apply mutas to the procedure. Unofficial table of contents

Section 27 Temporary transfer
(On Article 89 (4) of the Rome Statute)

(1) If the granted transfer is postponed because a criminal procedure is conducted in the country against the persecuted or a custodial sentence or a detention order for the improvement and security is to be completed, the If the Court of Justice assures that it is to be transferred back to a certain point in time. (2) It is possible to dispense with the re-transfer of the person being persecuted. (3) Where the proceedings, If a transfer has been postponed, a term of imprisonment or a fine is imposed, the in the proceedings before the Court of Justice until re-transfer or deprivation of liberty suffered as a result of the waiver of the provision. If the transfer has been postponed because of the execution of a term of imprisonment against the person being persecuted, sentence 1 shall apply. (4) The body responsible for the offsetting referred to in paragraph 3 shall, after hearing the prosecutor's office, determine the position of the person responsible for the offsetting. Oberlandesgericht (Oberlandesgericht) the scale at its discretion. It may order that the offsetting shall not be wholly or partly due to:

1.

the deprivation of liberty suffered by the Court of Justice, in whole or in part, has been credited to a sentence imposed or to be enforced by that Court; or

2.

the offsetting is not justified in view of the behaviour of the person being persecuted after the handover.

Unofficial table of contents

Section 28 German criminal procedure and transfer requests

(1) If criminal proceedings are brought against the persecuted in Germany for an act under Article 5 of the Rome Statute, the Court of Justice shall have jurisdiction over the Federal Ministry of Justice and for the protection of consumers or otherwise pursuant to Section 68 (1) of the Rome Statute. In the case of a cessation of the German criminal proceedings in order to ask for the surrender of the persecuted person, the Public Prosecutor's Office may depart from prosecution of the offence, if this is of particular interest to the prosecution in the country speaking reasons of the public interest. If the public action has already been filed, the Court of First Instance shall, at the request of the Public Prosecutor's Office, provisionally apply the criminal proceedings in any situation. The decision to refer to the Court of Justice on the grounds of a declaration within the meaning of the first sentence is the responsibility of the competent authority pursuant to Section 68 (1). (2) In the case of the persecuted person, the provisional contentious detention has been ordered pursuant to section 11 (2) and has the The Court of Justice does not request a provisional arrest within the time limit laid down in Article 11 (3), the procedure shall be resumed. The proceedings shall also be resumed if, on the basis of a request for provisional arrest pursuant to Article 11 (1) sentence 1, the person being persecuted has been ordered provisionally and the Court of Justice does not within the time limit laid down in § 11 The second sentence of paragraph 1 requested arrest and surrender. If the court has suspended the proceedings on a provisional basis, a court decision shall be resumed. A previous resumption shall not preclude a reappointment under paragraph 1. (3) The decision on the cessation of proceedings and the decision to resume proceedings shall be indisputable. (4) On the cost and the necessary outlays shall be decided before the Court of Justice after the final conclusion of the procedure. § § 464 to 473 of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

Section 29 Issuing of objects in the transfer procedure

(1) In connection with a transfer, articles may be issued to the Court of Justice without special request pursuant to Section 51.

1.

which may serve as evidence of the proceedings before the Court of Justice, or

2.

the person who has been persecuted or a participant may have obtained, directly or indirectly, by the act which has been granted the transfer, or as a payment for such objects.

(2) The publication shall be admissible only if it is ensured that the rights of third parties remain unaffected and objects issued subject to reservation shall be returned immediately upon request. (3) Under the conditions set out in paragraphs 1 and 2, it may be possible to: Items will be issued even if the approved transfer cannot be carried out for actual reasons. (4) On the admissibility of the publication, the prosecution decides on objections, at the request of the prosecutor's office the Oberlandesgericht or at the request of the person who asserts that he or she would are violated by the handout in his rights, the Higher Regional Court. If the Oberlandesgericht declares the publication admissible, it may be the person who requested his decision to impose the costs of the State's treasury on the costs of the public. The publication may not be granted if the Higher Regional Court has declared it inadmissible. (5) Insofar as the objects to be issued contain personal data of the persecuted person, it should be pointed out that the shall be used only for the purpose of carrying out the tasks conferred on the Court of Justice under the Staff Regulations. If further personal data of a third party are connected with the personal data of the persecuted person in such a way that a separation is not possible or is only possible with an undue effort, the transmission of this data is also permissible, unless the legitimate interests of the person being persecuted or of a third party in their secrecy. Unofficial table of contents

§ 30 Seizure and search

(1) Items whose publication is eligible for the Court of Justice may be seized or otherwise seized even before the date of entry of the request for transfer. A search may also be made for this purpose. (2) The competent Oberlandesgericht (Oberlandesgericht) responsible for the transfer procedure shall be responsible for the arrangement of the measures referred to in paragraph 1. It is also responsible for the arrangement of measures relating to items that are located outside of its district. § 7 (1) sentence 2 and (2) shall apply accordingly. (3) In the event of danger in default, the Public Prosecutor's Office and its investigators (Section 152 of the Law Constitutional Law) shall have the power to seize the seizure and the seizure of the property in accordance with the provisions of the Code of Criminal Procedure. to locate the search. Unofficial table of contents

§ 31 Beistand

(1) The person persecuted may be in any position of the proceedings of an assistance. (2) The persecuted person who has not yet chosen an adviser shall be a member of the person concerned at the latest after his first hearing pursuant to Article 14 (2), including in conjunction with Section 15 (2). To order a lawyer as a counsel. (3) The regulations of the 11th Section of the First Book of the Code of Criminal Procedure with the exception of § § 140, 141 (1) to (3) and § 142 (2) apply accordingly. Unofficial table of contents

Section 32 Simplified transfer
(To Article 92 (3), second sentence, of the Rome Statute)

(1) The transfer of a person against whom a surrender arrest warrant exists and which requests the Court of Justice to arrest him or her or to arrest him or her provisional arrest may be granted without carrying out the formal transfer procedure (2) The consent cannot be revoked. (3) At the request of the public prosecutor's office at the Oberlandesgericht (Oberlandesgericht), the person in charge of the case may not be able to withdraw the agreement. in the cases of § § 14 and 15 of the judges of the District Court, in other cases the Oberlandesgericht (Oberlandesgericht) of the victims of the persecution on the possibility of simplified rendition and their legal consequences (paragraphs 1 and 2), and then takes its declaration on the Protocol. The judge is responsible for the district court, in whose district the persecuted person is located. Unofficial table of contents

Section 33 Call of the Federal Court of Justice

(1) Does the Oberlandesgericht hold a decision of the Federal Court of Justice in order to clarify a legal matter of fundamental importance, or does it intend to take it from a decision of the Federal Court of Justice or a decision of another The Court of Justice of the Federal Republic of Germany (Oberlandesgericht) on a question of law in the case of a surname deviates from the International Criminal Court, justifies its opinion and obtains the decision of the Federal Court of Justice on the legal question. (2) The decision of the Federal Court of Justice is also obtained if the General Federal Prosecutor or the Prosecutor's office at the Higher Regional Court so requests clarification of a question of law. (3) The Federal Court of Justice gives the persecuted opportunity to submit their observations. The decision shall be taken without oral proceedings.

Part 3
Passing through

Unofficial table of contents

§ 34 Principle
(On Article 89 (3) of the Rome Statute)

Persons whose transit has been requested by the Court of Justice, or with the consent of the State from which the person to be persecuted is to be transferred to the Court of Justice (the issuing State) or the executing State, shall be subject to prosecution or to for the execution of the sentence in accordance with the Staff Regulations and this Act shall be carried by the Federal territory. Unofficial table of contents

§ 35 transit documents
(On Article 89 (3) of the Rome Statute)

(1) A transit to the Court of Justice under Article 89 (3) of the Rome Statute for prosecution or enforcement is admissible at the request of the Court of Justice only if the provisions of Article 89 (3) (b) (i) to (iii) of the Rome Statute (2) In addition to the documents referred to in Article 89 (3) of the Rome Statute, a certificate issued by the executing State must be in addition to the documents referred to in Article 89 (3) of the Rome Statute for the purpose of transit to the executing State. Consent to the execution of the penalty imposed by the Court of Justice, or Declaration by the Court of Justice according to which the executing State is in agreement with enforcement. (3) The State of Appeal shall seek to grant transit to the Court of Justice or to the executing State for the purpose of carrying out the transit. Enforcement of a penalty imposed by the Court of Justice, in addition to the documents referred to in paragraph 1 and in the case of transit to the executing State, in addition to the documents referred to in paragraph 2, shall be accompanied by a statement of the Court of Justice from which it shall be Agreement with the request. Unofficial table of contents

Section 36 Jurisdiction

(1) The court decisions shall be issued by the Higher Regional Court. Section 7 (1) sentence 2 and (2) shall apply mutatily. (2) Local authority

1.

in the case of transit through land or sea, the Oberlandesgericht (Oberlandesgericht), in whose district the persecuted person is likely to be transferred to the scope of this Act,

2.

in the case of transit by air, the Oberlandesgericht (Oberlandesgericht), in whose district the first port of call is to be held.

(3) If a jurisdiction under paragraph 2 (2) is not justified, the Oberlandesgericht Frankfurt am Main shall be responsible. Unofficial table of contents

§ 37 transit procedure
(To Article 89 (3) (c) of the Rome Statute)

(1) In the event that the transit is admissible, the person being persecuted shall be held in detention. (2) The detention shall be ordered by a written arrest warrant issued by the Oberlandesgericht (Higher Regional Court). § 12 (2), § 20 (2) shall apply accordingly. (3) The transit shall only be granted if a warrant has been issued. (4) The transit arrest warrant shall be immediately after its arrival in the country of the person who has been persecuted to be known. The person persecuted shall receive a copy. (5) If the transit is not likely to be completed by the end of the day following the transfer, the person to be persecuted shall be immediately, no later than the day following his arrival in the country, to the judge of the next local court. The judge at the District Court shall hear him of his personal circumstances, in particular on his nationality. He points out that he is in any position to use the proceedings of an adviser and that he is free to speak or not to testify to the act he has been accused of. He then asked him whether, and if so, for what reasons, he wanted to raise objections to the transit arrest warrant or to the admissibility of the transit. § 14 (5) and § 16 shall apply accordingly. (6) § 12 para. 3, § § 18, 23 para. 1, 2 and 5, § 33 shall apply accordingly. § 17 shall apply in accordance with the proviso that the period of two months shall be replaced by a period of one month. Section 31 shall apply in accordance with the condition that an adviser has to be ordered if:

1.

in view of the difficulty of the legal or legal situation, the participation of an adviser appears to be necessary; or

2.

it can be seen that the persecuted person is not able to exercise his rights sufficiently.

(7) The items taken over in the case of transit can be issued without special request at the same time as the transfer of the persecuted person. Unofficial table of contents

§ 38 Multiple transit

(1) Where the first-time transit has been granted for the surrender of the person persecuted to the Court of Justice, the person persecuted to a request which shall refer to the documents transmitted on the occasion of the first-time transit shall not be renewed Authorisation decision shall also be granted for the execution of a sentence handed down by the Court of Justice for surrender to the executing State if a document of the executing State, from which his agreement with the enforcement of the the penalty imposed by the Court of Justice, or a declaration by the The Court of Justice, under which the executing State is in agreement with the enforcement of the enforcement order, has been submitted. (2) In the case of paragraph 1, the transit arrest warrant shall also be extended to cover the further transport cases. (3) Paragraph 1 and 2 shall apply in the event of a re-transfer after a return to the the previous temporary transfer to the transfer State, provided that the fact of the later re-transfer was apparent during the first transit operation. Unofficial table of contents

Section 39 Unforeseen intermediate landing
(To Article 89 (3) (e) of the Rome Statute)

(1) In the event of an unforeseen domestic port of call, the body first known to the port of call and acting on the basis of this law shall immediately inform the Court of Justice and the competent authority pursuant to Section 68 (1) of the Intermediate landing. The competent body in accordance with section 68 (1) asks the Court of Justice to request a transit request under Article 89 (3) (b) of the Rome Statute. The Public Prosecutor's Office and the officers of the Police Service are entitled to arrest for provisional arrest. (2) The person who has been persecuted shall be presented to the judge of the next Local Court immediately, no later than the day after the arrest. He is to be released from custody if 96 hours have passed since the unforeseen stopover, without the transit request and the transit documents having been received by the competent authority pursuant to Section 68 (1). (3) In addition, § § 35 to 37 shall apply accordingly.

Part 4
Legal assistance through the enforcement of judgments and orders of the Court of Justice

Unofficial table of contents

§ 40 Principle

Legal assistance shall be provided by the execution of a sentence passed by the Court of Justice in accordance with the Rome Statute and this Act. Orders shall also be enforced in accordance with Article 77 (2) (b) of the Rome Statute, as well as decisions under Article 75 of the Rome Statute. Unofficial table of contents

Section 41 Enforcement of custodial sentences
(To Article 77 (1), Article 103 (1) and (2), Article 105, Article 106, Article 110 of the Rome Statute)

(1) Sentences of imprisonment shall be enforced if:

1.

the Court of Justice, on the submission of full judicial and enforceable findings, requested the Court of Justice and the Court of Justice, and

2.

the Court of Justice and the competent body in accordance with Section 68 (1) have agreed to take over the enforcement of enforcement.

If the convicted person is taken over, a statement by the Court of Justice on the part of the sentence still to be executed must be available. (2) The sentence of imprisonment shall be enforced in the amount notified by the Court of Justice. The provisions of the Penal Code for the suspension of the execution of the sentence of an early or life sentence (§ § 57 to 57b of the Criminal Code) and the Code of Criminal Procedure for the Enforcement of a custodial sentence are not found Application. Enforcement shall be terminated if the Court of Justice informs them. (3) At the request of the Court of Justice, the convicted person shall be returned to the Court of Justice or to a State designated by him. Unless the Court expressly states that the convicted person is to be released, he shall be held in detention pending the transfer to the Court of Justice or to the authorities of the State designated by the Court of Justice. If, at a later date, the Court of Justice asks for the continuation of the execution of a sentence already partially enforced in the country, the documents referred to in paragraph 1 (1) shall not be re-sent. The second sentence of the first sentence of paragraph 1 and the second sentence shall apply. (4) For the decisions to be taken on the occasion of the execution of the penalty, including pardon, the resumption of proceedings and the reduction of the penalty by the Court of Justice, and The Court of Justice shall have jurisdiction to take other decisions which may result in a stay of the convict outside the institution in which the convicted person is held, without guarding. In so far as circumstances arise which, under German law, a postponing, temporary postponing, an interruption of enforcement, a check on execution, an offsetting to the custodial sentence or orders to be served, the , the decision of the Court of Justice shall be brought about if a stay outside the enforcement body would be possible without guarding. The enforcement of the penalty is, moreover, governed by the German regulations and corresponds to the enforcement of penalties imposed by German courts on the grounds of similar acts. The provisions of the Penitent Act concerning the appeal procedure and the judicial procedure shall not apply in so far as the Court of Justice has jurisdiction to take the decision on enforcement measures. (5) The traffic between the convicted and the convicted person The Court of Justice shall be unrestricted and confidential. Members of the Court shall be granted access to the enforcement body at the request of the Court of Justice. If the convicted person charges against the execution of the sentence, or if he asks for a decision to be taken by the Court of Justice, the decision of the Court of Justice shall be obtained. (6) The costs incurred on the occasion of the execution of the sentence shall be borne by the Court of Justice. shall be borne by the Federal Government in accordance with an agreement to be concluded with the countries. This shall not apply to the extent that costs under the Staff Regulations or other provisions are borne by the Court of Justice. Unofficial table of contents

§ 42 Flight and speciality
(To Article 108, Article 111 of the Rome Statute)

(1) If the convicted person or if he or she does not withdraw from the execution, the body responsible pursuant to section 46 (1) shall issue an arrest warrant and shall take the other measures necessary to determine the stay and arrest the persecuted person. There is no need for any request from the Court of Justice to deal with individual delusional measures. Section 31 (2), first sentence, of the Law on the Law of Spare applies accordingly. The Court is immediately informed of the flight; moreover, the procedure laid down in Article 111 of the Rome Statute is governed by the procedure laid down in Article 111 of the Rome Statute. (2) The prosecution of acts committed by the convicted person before his surrender to the German authorities, or the execution of a custodial sentence or a measure of improvement and security imposed before it is handed over may, subject to the provision of Article 108 (3) of the Rome Statute, be effected only with the consent of the Court of Justice. (3) foreign state for extradition, temporary extradition, deportation or any other movement within its territory for the prosecution or enforcement of a penalty or any other penalty, consent may be given if the Court of Justice, subject to the provision of Article 108 (3) of the Treaty of Rome, Statute has previously been approved and extradition is permitted in accordance with the extradition rules applicable in relation to the requesting State. Unofficial table of contents

Section 43 Enforcement of fines
(To Article 77 (2) (a), Article 109 (1) of the Rome Statute)

(1) fines shall be enforced if:

1.

the Court of Justice, on the submission of full judicial and enforceable findings, requested the Court of Justice and the Court of Justice, and

2.

where the request is made to determine the amount of the fine in the territory of the country, provided that the Court of Justice requests several States to execute the fine.

In so far as the amount of the fine to be executed is declared in a currency other than the euro, the conversion rate officially fixed on the date of receipt of the request shall be used for conversion purposes. (2) A fine is subject to the rules of the judicial settlement order, provided that this law does not specify otherwise. (3) The fine is due upon receipt of the request. The interpretation of the guilt or the sentence, the calculation of the recognized penalty, objections to the admissibility of the execution of the sentence or if under German law the conditions of § 459a of the Code of Criminal Procedure are to be presented, the Decision of the Court of Justice. The continuation of the execution shall not be inhibited in this way; however, the authority competent pursuant to section 46 (2) may postpone or interrupt the execution of the execution. Further enforcement at a later date shall be ensured by appropriate measures; to this end, the search for the convicted person, his apartment and objects, as well as the seizure of objects shall be permitted. (4) § § 459b and 459c (2) and (3) of the Code of Criminal Procedure shall apply accordingly. The result of the execution will be communicated to the Court of Justice and transferred to the Court of Justice. (5) To the extent that the Court of Justice has imposed a fine on the convicted for an act in accordance with Article 5 of the Treaty of Rome on the grounds that the fine is not infringed. A sentence of imprisonment has been extended or a fine imposed on the grounds of an act under Article 70 (1) of the Rome Statute shall be punishable by a custodial sentence and shall apply to the execution of the custodial sentence § § 41 and 42. Unofficial table of contents

Section 44 Enforcement of cases of decay
(To Article 77 (2) (b), Article 109 (2) of the Rome Statute)

(1) Orders pursuant to Article 77 (2) (b) of the Rome Statute shall be enforced if:

1.

the Court of Justice, on the submission of full judicial and enforceable findings, requested the Court of Justice and the Court of Justice, and

2.

The items eligible for consideration shall be located in the country.

(2) For the purpose of enforcement, the court orders the decay of the object. § 73 (2) to (4), § § 73a and 73b of the Criminal Code shall apply accordingly. (3) If the decay of an object is ordered, the ownership of the object or the demise of the legal assistance shall be governed by the provisions of Section 68 (1). competent authority shall refer the matter to the Court of Justice if it is due to the person concerned at that time. Prior to the authorization, the order acts as a prohibition on divestment within the meaning of § 136 of the Civil Code; the prohibition also includes other dispositions as divestitures. Items whose decay has been ordered shall be issued to the Court of Justice after the granting of legal assistance. (4) Where a decision has been taken in the case of the Court of Justice in respect of the rights of third parties, the latter shall be binding unless it is

1.

the third party obviously did not have an adequate opportunity to assert his rights,

2.

the decision is incompatible with a domestic civil decision in the same case; or

3.

the decision relates to the rights of a third party to a property or property right in the country; the rights of third parties also include prior notice.

If one of the cases of the first sentence is concerned, the Court of Justice shall be given an opportunity to comment in the procedure laid down in Article 68 (1). Rights of third parties to the subject-matter shall remain in the scope provided for by the Staff Regulations. Third parties which could invoke the circumstances of the case in respect of the subject-matter shall be given the opportunity to submit their comments before the decision, in so far as they have not been able to express their views before the Court of Justice. They may be in any position of the proceedings of an adviser. (5) Insofar as the order of the decay is contemplated in the case of an object on the basis of a request by the Court of Justice, it may be seized in order to secure the expiry procedure. . For this purpose, a search can also be carried out. Jurisdiction is governed by Section 46 (3). In addition, § § 111b to 111h and 111l of the Code of Criminal Procedure apply accordingly. Section 111k shall apply in such a way as to ensure that the opinion of the Court of Justice is obtained before being issued to the injured person; the publication shall not be published in so far as the Court of Justice expresses its opinion in its opinion against it. Unofficial table of contents

Section 45 Enforcement of reparation orders
(To Article 75 (2), Article 109 of the Rome Statute)

Reparation orders for payment of a sum of money shall be enforced if:

1.

the Court of Justice, on the submission of full and enforceable findings, on the verdict and sentence of the sentence and of the order provided for in Article 75 of the Rome Statute, and

2.

the request shall indicate the extent to which the recovery order is to be carried out domesticly, provided that the Court of Justice requests a number of States to execute them.

In addition, enforcement shall be governed by § 43. Unofficial table of contents

§ 46 Jurisdiction, Appeal of the Federal Court of Justice, Advisory

(1) In the case of the enforcement of custodial sentences of the Court of Justice (§ § 41 and 42), the Public Prosecutor's Office shall be the competent authority of the Higher Regional Court in whose district the institution in which the convicted person is in detention is situated. (2) The Public Prosecutor's Office shall be responsible for the execution of financial penalties in accordance with § 43 and the reparation orders in accordance with § 45. in the Oberlandesgericht (Oberlandesgericht), in the district of which the convicted person is domicated, in the absence of such a person habitual residence. If a place of residence or habitual residence cannot be ascertained, the Public Prosecutor's Office shall be responsible for the Oberlandesgericht (Oberlandesgericht), in whose district objects of the convicted person are situated. Where objects are located in the districts of different Oberlandesgericht, the jurisdiction shall be determined by which public prosecutor's office was first referred to the case. As long as a jurisdiction under the first sentence of 1 to 3 cannot be established, the responsibility for the competence shall be determined by the seat of the Federal Government. The necessary court orders shall be made by the Higher Regional Court. The decisions of the Oberlandesgericht (Oberlandesgericht) are indisputable. (3) The court orders required for the enforcement of a court order of the Court of Justice (§ 44) are to be taken by the Higher Regional Court. The second sentence of paragraph 2 shall apply accordingly. The public prosecutor's office at the Higher Regional Court is preparing the decision. The Oberlandesgericht (Oberlandesgericht) and the Public Prosecutor's Office (Oberlandesgericht) in the district of Oberlandesgericht (Oberlandesgericht) in whose district the object If objects are located in the districts of different Oberlandesgericht, the jurisdiction shall be determined by which Higher Regional Court or, as long as no Higher Regional Court is yet concerned, which prosecutor's office first deals with the case . As long as a jurisdiction under sentence 2 or sentence 3 cannot be established, jurisdiction shall be governed by the seat of the Federal Government. (4) For the proceedings before the Oberlandesgericht (Oberlandesgericht), § 20 (2) and (3), § 21 (1) and (4), § § 22, 23, 29 Section 4, section 33 and the provisions of the 11. Section of the First Book of the Code of Criminal Procedure, with the exception of § § 140 to 143. Section 31 shall apply mutatily, with the proviso that an assistance shall be ordered if:

1.

in view of the difficulty of the legal or legal situation, the participation of an adviser appears to be necessary; or

2.

it can be seen that the persecuted person is not able to exercise his rights sufficiently.

Part 5
Other legal assistance

Unofficial table of contents

§ 47 Principle
(To Article 93 (1), Article 96 (1) and (2) of the Rome Statute)

(1) Subject to the provisions of Section 58 (2), the Court of Justice shall, upon request, provide other legal assistance in accordance with the Rome Statute and this Act. (2) Legal assistance within the meaning of paragraph 1 shall be any assistance provided to the Court of Justice in its activities is granted on the basis of the Rome Statute, irrespective of whether the legal assistance is to be carried out by a court or authority. (3) The competent authority responsible for the authorisation of legal assistance shall be responsible for the conditions for the performance of the The competent authority responsible for the performance of legal assistance shall be provided for: to be bound by this. § 50 remains unaffected. (4) The treatment of competing requests for other legal assistance is governed by the provisions of Article 93 (9) (a) of the Rome Statute. To the extent that Article 90 of the Rome Statute applies, Article 4 shall apply. Unofficial table of contents

Section 48 Postponing of the execution

In the cases referred to in Article 93 (3) to (5), (9) (b), Article 94 (1) and Article 95 of the Rome Statute, the execution may be deferred until such time as, in accordance with the Rome Statute, it is established that the request is to be made in accordance with the request for process. Unofficial table of contents

Section 49 Jurisdiction

(1) In so far as legal assistance is provided by a public prosecutor's office, the public prosecutor's office in the district of which the legal assistance is to be carried out shall be local. If legal assistance is to be carried out in the districts of different public prosecutors, the responsibility for the matter shall be determined by which of the competent public prosecutors has first been referred to the case. As long as a jurisdiction under the first sentence or the second sentence cannot be established, jurisdiction shall be determined by the seat of the Federal Government. (2) Paragraph 1 shall apply accordingly to the jurisdiction of the courts, in so far as judicial acts are are required for the performance of legal assistance or other judicial decisions are to be taken. (3) Jurisdiction for the court decision on the issuing of objects pursuant to § 50 (1) sentence 2, for the order of a seizure and Search for objects (§ 52 (1) and (2)) and an asset seizure (§ 52 (4), for the liability decisions in the case of a temporary takeover (§ 55 para. 1) and a transfer (§ 55 para. 6) as well as for the court orders in the case of a telecommunications surveillance (§ 59 para. 1) and a measure without Knowledge of the person concerned (Section 59 (2)) is the Higher Regional Court. In the case of a temporary take-over, the Oberlandesgericht (Oberlandesgericht) is responsible locally, in the district of which the office has its seat, which is to carry out the legal assistance. In the case of a shipment, § 36 (2) and (3) shall apply. (4) As far as the jurisdiction of the Higher Regional Court is justified, the Public Prosecutor's Office prepares the decision and meets the decision to Implementation of the necessary measures. It is also responsible for the arrangement and execution of a temporary handover (§ 54), the preparation of the decision on the approval of the publication of objects and the implementation of the approved issueof the handout. In the event of a temporary surrender, the Public Prosecutor's Office shall have jurisdiction in the Higher Regional Court, in whose district the deprivation of liberty shall be carried out. Unofficial table of contents

Section 50 Judicial decision

(1) Legal assistance may only be granted in the cases of § 52 (1), (2) and (4), § 55 (1) and (6), § 59 (1) and (2) if the Oberlandesgericht (Oberlandesgericht) has adopted the measures necessary for the conduct of the acts. The Oberlandesgericht also decides on the admissibility of the issuance of objects at the request of the public prosecutor's office at the Higher Regional Court or at the request of the person who asserts that he or she would be entitled by the issuance in his/her right will be injured. The decisions of the Higher Regional Court are indisputable. (2) For the proceedings before the Oberlandesgericht (Oberlandesgericht), § 20 (2) and (3), § 21 (1) and (4), § § 22, 29 (4) sentence 2, § 31 (1), § 33 and the provisions of the 11) apply. Section of the First Book of the Code of Criminal Procedure, with the exception of § § 140 to 143. For the further procedure, § 23 (1), (2) and (4) shall apply with the proviso that the application of the person concerned by a measure pursuant to section 52 (1), (2) or (4) shall take the place of the application of the person concerned in accordance with Section 23 (1), and irrespective of the request of the person concerned. If the conditions laid down in § 23 (1) and (2) are fulfilled, a new decision on the acceptance of the legal assistance shall be taken at the request of the person concerned, if the person concerned has not been heard before the first-time arrangement of the measure. (3) If a court other than the Higher Regional Court is responsible for the performance of the legal assistance, it shall keep the If the conditions for the performance of the legal assistance are not fulfilled, it shall justify its opinion and shall seek the decision of the Higher Regional Court. The Oberlandesgericht (Oberlandesgericht) also decides, at the request of the Public Prosecutor's Office, at the Higher Regional Court, whether the conditions for the performance of the legal assistance are fulfilled. Legal assistance may not be granted if the Oberlandesgericht (Oberlandesgericht) has decided that the conditions for the performance of the legal assistance are not available. The decision of the Oberlandesgericht is binding on the courts and authorities responsible for the performance of legal assistance. (4) For the proceedings before the Oberlandesgericht (Oberlandesgericht), § 20 (2) and (3), § 21 (1) and (4), § 22, 23 (1), (2) and (2) apply. 4, § 29 (4) sentence 2, § 31 (1), § 33 and the provisions of the 11. Section of the First Book of the Code of Criminal Procedure, with the exception of § § 140 to 143. Unofficial table of contents

Section 51 The publication of objects

(1) Without prejudice to the provisions of Article 58 (3), articles shall be issued at the request of a competent authority of the Court of Justice,

1.

which may serve as evidence of proceedings before the Court of Justice,

2.

which may have obtained, directly or indirectly, by the Court of Justice for a crime subject to its jurisdiction or by that act, or as a remuneration for such objects.

(2) The publication shall be admissible if:

1.

a decision shall be submitted to a competent body of the Court of Justice ordering the seizure of the goods or the freezing within the meaning of Article 93 (1) (k) of the Rome Statute; and

2.

guarantees that the rights of third parties remain unaffected and that items issued subject to reservation are returned immediately upon request.

(3) In so far as the items to be issued contain personal data of the person being persecuted, it should be pointed out in the publication that the data contained are only for the performance of the tasks assigned to the Court under the Rome Statute. may be used. If further personal data of a third party are connected with the personal data of the persecuted person in such a way that a separation is not possible or is only possible with an undue effort, the transmission of this data is also permissible, unless the legitimate interests of the person being persecuted or of a third party in their secrecy. Unofficial table of contents

Section 52 Seizure of seizure and search, property seizure

(1) Items whose publication is eligible for the Court of Justice may, even before the request for publication, be confiscated or otherwise seized. For this purpose a search may also be made. (2) Items may be confiscated or otherwise seized under the conditions of § 51 (1) (1) even if this is not to be used for the purpose of publishing the Subject-related request is required. (3) Without prejudice to the provisions of Section 49 (3) and (4), the Public Prosecutor's Office and its investigators (Section 152 of the Law of the Court of Justice) shall be entitled to seize the seizure and search in the event of danger in the default. in accordance with the provisions of the Code of Criminal Procedure. (4) Regardless of the existence of the conditions of section 51 (1) (1) or (2), the assets or individual assets situated in the territory of the country may, at the request of the Court of Justice, of a person concerned, who, in the event of an act under Article 5 of the Rome Statute, The case is confirmed (Article 61 of the Rome Statute) or an arrest warrant has been issued (Article 58 of the Rome Statute), which has been confirmed. Section 51 (2) No 1 shall apply. The seizure also includes the assets which the accused later accuse of. (5) Without prejudice to the provisions of Article 49 (3) and (4), the Public Prosecutor's Office may provisionally order the seizure in accordance with paragraph 4 in the event of a risk of default. A provisional arrangement under the first sentence shall not enter into force unless it is confirmed by the court within three days. (6) The seizure referred to in paragraph 4 shall be repealed at the request of the Court of Justice, at the latest, however, after the seizure of the seizure The court has obtained knowledge of the fact that the arrest warrant has been revoked or that the proceedings have been terminated in the first legal proceedings. § § 291, 292 and 293 (2) of the Code of Criminal Procedure shall apply to a seizure pursuant to paragraph 4 or 5 of the Code of Criminal Procedure. Unofficial table of contents

Section 53 Personal appearance of witnesses

(1) The Court of Justice shall seek the personal appearance of a person who is at liberty in the country as a witness to the questioning, to the juxtaposition or to the taking of an eye, the order of order may be arranged in the (2) As far as the Court of Justice assures a person not to use their testimony, the data of the person may not be used to the extent of the Assurance of the Court of Justice in a German criminal case is not used . Statements before the Court of Justice may not be used without the consent of the person in a German criminal procedure, even if the person was obliged to provide information before the Court of Justice, but under German law the person would have given the information. can be refused. Unofficial table of contents

Section 54 Temporary surrender
(To Article 93 (1) and (7) of the Rome Statute)

A person who is in trial or criminal detention in Germany or who is accommodated on the basis of the order of a deprivation and security detention order shall, at the request of the Court of Justice, be held there against another An investigation or a pending trial in respect of any other judicial procedure relating to an inquiry, or any other purpose provided for in the first sentence of Article 93 (7) (a) of the Rome Statute, to the Court of Justice or to the authorities of any of the following: Court referred to in the Court of Justice if:

1.

he has agreed to the minutes of the judge's minutes with the district court in whose district the institution in which he is held has agreed,

2.

is not to be expected to be affected as a result of the transfer of the purpose of the criminal proceedings or the execution of the sentence,

3.

shall ensure that, during the period of its transfer, with the exception of measures taken under Articles 70 and 71 of the Rome Statute, the person concerned shall not be punished, subject to any other penalty or by measures not included in his or her own the host State or the State designated by the Court of Justice should be left in the event of his release, and

4.

it is guaranteed that the person concerned shall be returned immediately after the evidence has been received, unless it has been waived.

The consent (sentence 1 no. 1) cannot be revoked. The deprivation of liberty suffered as a result of the surrender shall be credited to the deprivation of liberty to be carried out in the country. Section 27 (4) shall apply accordingly. This shall not apply to custodial sentences imposed and enforced by the Court of Justice in accordance with Article 70 (3) of the Rome Statute. Unofficial table of contents

Section 55 Temporary transfer and transfer

(1) Any person who is in investigation or criminal detention outside the scope of this law or who is accommodated on the basis of the order of a detention order shall, at the request of the Court of Justice, be subject to investigations conducted there or, in respect of a procedure pending there, for a temporary collection of evidence within the scope of this Act and, on the agreed date or at the request of the Court of Justice, except in the case of the Court of Justice waiver , if it is guaranteed that the inherited in the case of a waiver of the Court of Justice on the return to a foreign country. The person concerned shall be detained before the temporary take-over by a written arrest warrant if the Court of Justice asks for this or the return of the return would otherwise not be guaranteed. (2) The arrest warrant shall be issued

1.

the person concerned,

2.

the request for evidence of evidence in the presence of the person concerned,

3.

the information provided by the Court of Justice on the body to which the return is to be made; and

4.

the cause of detention.

Section 13 (3), section 14 (1), (2) sentence 1 and 3, para. 5 and § 18 shall apply. (3) The arrest warrant shall be repealed if:

1.

the Court of Justice informs the Court that detention is no longer necessary,

2.

the Court of Justice has given the consent referred to in paragraph 4, second sentence

3.

the person concerned shall be returned to the Court of Justice or to a State designated by the Court of Justice, or

4.

The Court of Justice waived the return.

(4) The Oberlandesgericht (Oberlandesgericht) decides on objections from the person concerned against the Takeover arrest warrant or against his or her enforcement. With the consent of the Court of Justice, the Oberlandesgericht (Oberlandesgericht) may revoke the arrest warrant or suspend its enforcement. § 116 (1) sentence 2, para. 4, § § 116a, 123 and 124 (1), 2 sentence 1, para. 3 of the Code of Criminal Procedure shall apply accordingly. If the Court of Justice does not agree to the annulment or withdrawal of the arrest warrant, the person concerned shall be returned without delay to the Court of Justice or to the authorities of a State designated by him. The person concerned is held in detention until the return of the return. (5) The Oberlandesgericht (Oberlandesgericht) decides on a continuation of the takeover detention if the person being persecuted is in detention for a total of two months on the basis of the Takeover arrest warrant. The adhesion test is repeated in each case after two months. The Oberlandesgericht may order the detention test to be carried out within a shorter period of time. The provisions of paragraph 4 (2) to (5) shall apply mutagenically. (6) Those who are in investigation or criminal detention outside the scope of this Act or who are accommodated on the basis of the order of a detention order shall, at the request of the The Court of Justice, for the purpose of carrying out the proceedings against another conducted investigation or an infringement proceedings brought against another judicial procedure, has been brought back to the Court of Justice by the scope of this Act and returned to the Court of Justice after the evidence has been established. The second sentence of paragraph 1 and paragraph 2 to 5 shall apply in accordance with the proviso that the period referred to in paragraph 5 shall be replaced by a period of one month from two months. In addition, Section 14 (5), § § 18, 20 (2), § 37 (4) and 5 (1), (2) and (4) shall apply accordingly. Unofficial table of contents

Section 56 Protection of persons
(To Article 93 (1) (j) of the Rome Statute)

The rules on the protection of victims of crime and the protection of persons involved in a German criminal proceedings shall be found on suspected victims of a criminal offence subject to the jurisdiction of the Court or on Witnesses in proceedings before the Court of Justice. Unofficial table of contents

Section 57 deliveries
(Article 58 (7), fourth sentence, Article 93 (1) (d) of the Rome Statute)

(1) The provisions of the Code of Civil Procedure shall apply in accordance with the provisions of the Code of Civil Procedure. (2) The service of a summons of the Court of Justice to the accused by means of a substitute delivery shall be excluded. Unofficial table of contents

Section 58 Transfer of knowledge and information acquired to the service

1. At the request of a competent body of the Court of Justice, subject to paragraph 3, the Court shall, within the limits of its jurisdiction, submit to the Court, within the limits of its jurisdiction, knowledge acquired by German courts and authorities, to the extent to which: would be admissible in respect of a German court or a German public prosecutor's office for the purposes of criminal proceedings, if it is guaranteed that:

1.

Information from the Federal Central Register and findings obtained by means of a telecommunications monitoring system (Section 59 (1)) or any other measure without the knowledge of the person concerned (Section 59 (2)) shall not be provided to bodies outside the Court of Justice shall be forwarded, and

2.

other findings shall only be submitted to bodies outside the Court of Justice after the prior consent of the competent authority in accordance with Section 68 (1).

When transmitting the findings, it shall be pointed out in an appropriate manner to the maximum time limits applicable under German law for the storage of the findings and to the fact that the information provided is only for the purpose of fulfilling the provisions of the Court of Justice. the tasks assigned to it under the Rome Statute. If it is found that incorrect findings or findings which should not have been transmitted have been transmitted, the Court of Justice shall be informed without delay and in order to request rectification or erasure of the findings. (2) Subject to paragraph 3, any information referred to in paragraph 1, with the exception of information from the Federal Central Register, may be sent to the Court of Justice without a request if the conditions laid down in the first sentence of paragraph 1 are otherwise satisfied and the transmission is appropriate,

1.

to initiate proceedings before the Court of Justice,

2.

to promote a procedure which has already been initiated, or

3.

to prepare a request for legal assistance from the Court of Justice.

The second sentence of paragraph 1 shall apply. (3) The Court shall seek the transmission of information from a German court or a German authority from a foreign State, or a national or national body, to the In the case of confidential treatment, the information may not be forwarded to the Court of Justice for as long as the consent of the originator is not available under the first sentence of Article 73 of the Rome Statute. The Court of Justice shall be informed. Unofficial table of contents

§ 59 Telecommunications surveillance and other measures without the knowledge of the person concerned
(To Article 93 (1) (l) of the Rome Statute)

(1) The arrangement of the supervision of telecommunications (section 100a of the Code of Criminal Procedure) and the transmission of the findings obtained by the monitoring shall be admissible only if:

1.

the decision of a Judge of the Court of Justice, which arranges the telecommunications surveillance,

2.

the other requirements of the Code of Criminal Procedure for the arrangement of the measure, with the proviso that the offences referred to in Article 5 of the Rome Statute should be replaced by the offences referred to in Article 100a (2) of the Criminal Procedure Code step, and

3.

ensures that the provisions of the Code of Criminal Procedure concerning the notification of the person affected by the measure (Section 101 (4) to (6) of the Code of Criminal Procedure), on the transmission of the acquired personal data for the purposes of evidence in other criminal proceedings before the Court of Justice (Section 477 (2) sentence 2 of the Code of Criminal Procedure) and on the deletion (Section 101 (8) of the Criminal Procedure Code).

(2) At the request of the Court of Justice, the measures referred to in § § 100c, 100f of the Code of Criminal Procedure shall be arranged without the knowledge of the person concerned. Paragraph 1 shall apply accordingly. Unofficial table of contents

Section 60 Presence in the case of legal assistance
(On Article 99 (1) of the Rome Statute)

Nationals and Plenipotentiaries of the Court of Justice, as well as other persons referred to at the request of the Court of Justice, shall be permitted, upon request, in the presence of legal assistance in the territory of the country, and may encourage questions or measures. The members of the Court of Justice may draw up copies of the legal assistance, as well as sound, image or video recordings. As far as the persons concerned agree, sound, image and video recordings are also permitted without the conditions of the criminal procedure being available for this purpose. Records made in accordance with sentence 3 may not be used in a German criminal proceedings. Unofficial table of contents

Section 61 Judicial hearings
(To Article 3 (2) of the Rome Statute)

(1) At the request of the Court of Justice, judicial hearings shall be allowed to be carried out domestiy. (2) The enforcement of a fine under Article 71 (1) of the Rome Statute shall apply in accordance with Section 43. Unofficial table of contents

Section 62 Direct discharge by the Court of Justice
(To Article 99 (4) (b) of the Rome Statute)

At the request of the Court of Justice, relatives and agents of the Court shall, in consultation with the competent German authorities, carry out self-employed activities, inspection of the eye and similar evidence of evidence in the territory of the country. Legal assistance may be granted under conditions within the meaning of Article 99 (4) (b) of the Rome Statute. In all cases, the arrangement and execution of coercive measures is reserved for the competent German authorities and is governed by German law. Unofficial table of contents

Section 63 Introduction of a German criminal procedure
(To Article 70 (4) of the Rome Statute)

If, pursuant to Article 70 (4) (b) of the Rome Statute, the Court of Justice requests that a criminal proceedings be initiated against a person suspected of an act under Article 70 (1) of the Rome Statute, the Court of Justice shall, as soon as possible by the reason of the request, which is the reason for the investigation. At the end of the procedure, a copy or a certified copy of the final decision shall be sent to it. If the Court of Justice asks for it to be returned, it shall be returned to the goods and files.

Part 6
Outbound Requests

Unofficial table of contents

Section 64 Form and content of requests
(On Article 93 (10), Article 96 (4) of the Rome Statute)

Requests addressed to the Court of Justice under Article 93 (10) (a) of the Rome Statute for legal assistance or transfer, as well as the documents to be annexed, shall be those referred to in Article 96 (1) in conjunction with paragraph 4 of the Rome Statute and the content referred to in Article 96 (2) in conjunction with paragraph 4 of the Rome Statute. Unofficial table of contents

Section 65 Representation

(1) Anyone who has been temporarily transferred from the Court of Justice for a criminal proceedings brought against him at the request under the condition of later re-transfer shall be sent to the Court of Justice or to the authorities of any of the If the Court of Justice does not do so, it shall return it. Against the persecuted person, before the temporary transfer is carried out by a written arrest warrant, the detention shall be ordered if the Court makes the handover of the holding in detention subject to detention or if the return transfer is not otherwise shall be guaranteed. In accordance with § 51 of the Penal Code, the sentence passed on the basis of an order pursuant to sentence 2 shall be credited to a sentence imposed in German criminal proceedings. (2) The arrest warrant shall apply in accordance with Section 55 (2) of the Code. In addition, § 13 para. 3, § 14 para. 1, 2 sentence 1 and 3, para. 5, § 18 and 55 para. 3 to 5 apply accordingly. The Oberlandesgericht (Oberlandesgericht) decides on objections to the reorder arrest warrant or the application for the withdrawal of the warrant only after the detention has been carried out on the basis of the reorder arrest warrant. (3) The arrest warrant shall be taken by the Court of Higher Regional Court, in whose district the court seiznized by the domestic criminal proceedings is established, before the public action is brought up by the Higher Regional Court, in whose district the prosecutor's office of the proceedings is established. The decision shall be indisputable. The public prosecutor's office is responsible for ordering and carrying out the re-transfer in the Oberlandesgericht (Oberlandesgericht), which is responsible for the first sentence. Unofficial table of contents

Section 66 Temporary handover for a German procedure

(1) Anyone who is in trial or criminal detention on the basis of an order of the Court of Justice and who, on request, is subject to a German court or a German authority under the condition of the later return for one against another In the event of a temporary transfer of evidence to an inquiry, the Court of Justice or the authorities of a State designated by it shall be returned at the agreed date, unless the Court does not do so. Against the persecuted person, before the temporary surrender is carried out by a written arrest warrant, the detention shall be ordered if the Court makes the surrender conditional on the holding in detention or if otherwise the return of the return is not guaranteed would be. Article 55 (2) shall apply to the arrest warrant. In addition, § 13 para. 3, § 14 para. 1, 2 sentence 1 and 3, para. 5, § § 18, 55 para. 3 to 5 as well as § 65 para. 3 apply accordingly. (2) Those who are in trial or criminal detention in Germany or on the basis of the order of a deprivation of the law of freedom the improvement and security of the security may be temporarily transferred to the Court of Justice for an inquiry into a national criminal procedure, provided that the conditions set out in the first, third and fourth sentences of the first sentence of paragraph 54 are fulfilled. § 49 (4) sentences 2 and 3 as well as § 54 sentence 2 to 5 shall apply accordingly. Unofficial table of contents

§ 67 Conditions

The conditions which the Court of Justice has attached to legal assistance must be observed.

Part 7
Common rules

Unofficial table of contents

§ 68 Responsibility of the Federal Government

(1) The Federal Ministry of Justice and Consumer Protection, in agreement with the Federal Foreign Office and with others, decides on mutual assistance requests from the Court of Justice and the position of requests to the Court of Justice for legal assistance. Federal ministries, whose business area is affected by legal assistance. If an authority is responsible for the performance of legal assistance, which belongs to the business unit of another Federal Ministry, it shall replace the Federal Ministry of Justice and Consumer Protection; the decision shall be taken in the Agreement with the Federal Ministry of Justice and Consumer Protection and the Federal Foreign Office. The Federal Ministries responsible under sentences 1 and 2 may delegate the exercise of their powers on a case-by-case basis to subordinate federal authorities. The Federal Government may, on a case-by-case basis, delegate the exercise of the power to decide on a request by the Court of Justice under Part 5 of this Act and to request the Court of Justice for legal assistance to a Land Government. The State Governments may delegate the power conferred upon them by the sentence 4 to another competent authority according to national law. (2) The Federal Ministry of Justice and Consumer Protection shall decide in agreement with the Federal Foreign Office and with other supreme federal authorities whose business area is affected, in particular via

1.

the submission of a situation pursuant to Article 14 (1) of the Rome Statute,

2.

the communication under Article 18 (2) of the Rome Statute and the lodging of a complaint pursuant to Article 18 (4) of the Rome Statute,

3.

the declaration of a dispute pursuant to Article 19 (2) of the Rome Statute,

4.

the lodging of the complaint pursuant to Article 19 (6) of the Rome Statute,

5.

a procedural step in accordance with Article 72 (4) of the Rome Statute,

6.

the lodging of a complaint pursuant to Article 82 (2) of the Rome Statute, or

7.

the request for exemption under Article 101 (2) of the Rome Statute.

(3) In so far as consultations with the Court of Justice or communications to the Court of Justice have been provided for in accordance with the Rome Statute or this Act, the first sentence of paragraph 1 shall apply accordingly. Where facts which, in accordance with the Rome Statute or this Act, require consultations with the Court of Justice, are known to a body other than that competent in accordance with the first sentence, that body shall inform the body, as set out in the first sentence, for the conduct of the deliberations. competent authority without delay. In so far as certain circumstances are to be communicated to the Court of Justice, or where its decision or consent is to be obtained, the body responsible under the first sentence shall take the necessary measures. In urgent cases, where the circumstances or the facts which require a decision or the consent of the Court of Justice are first known, the body first known to the Court of Justice may, in advance, inform the Court of Justice of the circumstances or the circumstances in which it is based. (4) The powers of the Federal Criminal Police Office for the transfer of data, tendering and identification of identity to a request by the Court of Justice comply with § 14 (1) sentence 1 no. 2 of the Federal Criminal Law Act and § 15 Section 1 to 3 of the Federal Criminal Police Act. Unofficial table of contents

Section 69 German criminal proceedings and previous criminal proceedings before the Court of Justice
(To Article 20 (2), Article 70 (2) of the Rome Statute)

(1) No one shall be entitled to a crime referred to in Article 5 of the Rome Statute or a criminal offence referred to in Article 70 (1) of the Rome Statute, pursuant to which he has already been condemned or acquitted by the Court of Justice. (2) If, in a criminal proceedings conducted against a person domestically, it is known that the person is already legally enforceable by the Court of Justice on account of all or part of the acts on which the German procedure is based has been condemned or acquitted, will be the case with regard to the acts on which the Court of Justice has decided, at the expense of the state treasury. If the proceedings are pending before the court, it is necessary to set a court decision. (3) A decision to be taken on the compensation for law enforcement measures shall be taken by the Court of Justice's decision on the question of guilt and criminal proceedings. Basically put it. Unofficial table of contents

§ 70 Notification
(On Article 27 of the Rome Statute)

If a request by the Court of Justice for rendition or other legal assistance is addressed to a Member of the German Bundestag or a legislative body of a country or to investigative acts in their premises, the Court shall inform the Federal Ministry of Justice and Consumer Protection or the body otherwise responsible pursuant to Section 68 (1) the President of the body who belongs to the person concerned or who is affected by the investigative act requested, via the entrance to the Search. Appropriate measures shall be taken to ensure that the conduct of the proceedings before the Court of Justice or the transfer procedure is not jeopardised as a result of the notification. Unofficial table of contents

§ 71 Costs
(To Article 100, Article 107 (2) of the Rome Statute)

It is possible to dispense with the reimbursement of the costs of legal assistance which the Court has to bear. Unofficial table of contents

Section 72 Application of other procedural provisions

To the extent that this law does not contain any special procedural provisions, the provisions of the Law of the Court of Justice and of the Introductory Act shall apply to the Law of Justice, the Code of Criminal Procedure and the Introductory Act. The Code of Criminal Procedure, the Criminal Code, the Law on the Juvenile Justice and the Tax Code makes sense. Unofficial table of contents

Section 73 Restriction of fundamental rights

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 para. 2 sentence 2 of the Basic Law), the letter, post and telecommunications secrecy (Article 10 (1) of the Basic Law), the The inviolability of the apartment (Article 13 of the Basic Law) and the prohibition of extradition (Article 16 (2) sentence 1 of the Basic Law) shall be restricted in accordance with this law.