Law On Cooperation With The International Criminal Court

Original Language Title: Gesetz über die Zusammenarbeit mit dem Internationalen Strafgerichtshof

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Law on Cooperation with the International Criminal Court (ICC)

Non-official table of contents

IStGHG

Date of issue: 21.06.2002

Full quote:

" ICC Act of 21 April 2002 June 2002 (BGBl. 2144), as last amended by Article 165 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Last modified by Art. 165 V v. 31.8.2015 I 1474

For details, see the Notes

Footnote

(+ + + text evidence from: 1.7.2002 + + +)


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

content overview

Part 1
Scope
§ 1Scope
Part 2
Overposition
§ 2 Principle
§ 3 Enforcement requests and previous criminal proceedings before the Court of Justice or in a foreign state
§ 4Delivery requests and extradition requests
§ 5rendition documents
§ 6Approval of rendition
§ 7Sachliche jurisdiction
§ 8 Local jurisdiction
§ 9 Fpending measures
§ 10 Overweight
§ 11Preliminary Superposition
§ 12 Overorder arrest warrant
§ 13Preliminary Arrest
§ 14Reaction by reason of the seizure a rendition arrest warrant
§ 15procedure after pre-arrest
§ 16Arrest decisions, Suspension of the rendition arrest warrant
§ 17 Detention Test
§ 18Complete the Detention
§ 19Tracking of the persecuted
§ 20Admissibility procedure
§ 21oral negotiation
§ 22Admissibility decision
  § 23Redecision on Admissibility
  § 24Rendition Detention
§ 25specialty
§ 26Delivery requests by previous delivery
§ 27Transient Transfer
§ 28German criminal and rendition requests
§ 29Outcoming items in the rendition process
§ 30Seizure and search
§ 31Beistand
§ 32Simplified Overposition
§ 33Bundesgerichtshof
Part 3
Transit
§ 34 Principle
§ 35 Transit Documents
§ 36 Responsibility
§ 37 passing-through procedures
§ 38 Multi-pass transit
§ 39 Unforeseen stopover
Part 4
Mutual Legal Assistance by the enforcement of judgments and orders of the Court of Justice
§ 40 Principle
§ 41 Enforcement of custodial sentences
§ 42 Escape and Speciality
§ 43 Enforcement of financial penalties
§ 44 Enforcement of Inbox Regulations
§ 45 Enforcement of reparation orders
§ 46 Jurisdiction, Appeal of the Federal Court of Justice, assistance
Part 5
Other Legal Assistance
§ 47 Principle
§ 48postponing the Experience
§ 49jurisdiction
§ 50Judicial Decision
§ 51Items Issue_name
§ 52Seizure and search, asset seizure
§ 53Personal Appearance of Witnesses
§ 54Transient Submission
§ 55Transient transfer and shipment
§ 56People Protection
§ 57deliveries
§ 58Disclosure of service acquired knowledge and information
 § 59Telecommunications monitoring and other measures without the knowledge of the person concerned
§ 60presence in case of legal assistance
§ 61Judicial Hearings
§ 62Court of Justice immediate execution
§ 63Introduction of a German criminal procedure
Part 6
Outbound Requests
§ 64Form and content of requests
§ 65Reaction
§ 66Transient transfer for a German procedure
§ 67Conditions
Part 7
Common Rules
§ 68 Responsibility of the Federation
§ 69German Criminal proceedings and previous criminal proceedings before the Court of Justice
§ 70 Notification
§ 71 Costs
§ 72Application of others Procedural rules
§ 73Restriction of Fundamental

Part 1
Scope

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§ 1 Scope of application
(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 2008. July 1998 (BGBl. 1393) with the International Criminal Court (ICC).(2) For the purposes of this Act, the word "Court of Justice" shall mean the International Criminal Court established by the Rome Statute, including its Bureau, its Chambers, its Office of the Prosecutor, the Law Firm and the members of the International Criminal Court. Organs.

Part 2
Rendition

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

(1) Persons who have asked for their transfer to the Court of Justice in accordance with the Rome Statute and who reside in the country shall be prosecuted for and to Enforcement shall be surpassed in accordance with the Rome Statute and this Act.(2) A transfer to the execution of the sentence may, in agreement with the Court, also by the direct surrender of the persecuted to the competent authorities of the State in which a custodial sentence imposed by the Court of Justice is to be carried out (Executing state). Non-official table of contents

§ 3 Enforcement requests and earlier criminal proceedings before the Court of Justice or in a foreign state
(To article Article 89 (2) sentence 1 of the Rome Statute)

The person who has been persecuted during the transfer proceedings, because of the fact that the Court of Justice has asked for a transfer, has already been convicted by the Court of Justice or the General Court of a State, or The Office shall immediately inform the Public Prosecutor's Office of the High Regional Court, without prejudice to the third sentence of section 68 (3) and (4), of the body which has been acquitted of the person who was persecuted. The Oberlandesgericht temporarily suspends the transfer procedure under Article 89 (2), third sentence, 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. Non-official table of contents

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

(1) The Court of Justice may be informed of the position of the request in respect of the extradition of a foreign country on account of the fact that the Court of Justice has jurisdiction over the jurisdiction 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 agreements under international law.2. A request from the Court of Justice for the transfer of the same person 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 the same action is requested for transfer and extradition, 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 set back, subject to paragraph 5, until the decision on the approval of the transfer is made. The decision on which priority is 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 decision on the granting of extradition until the final decision in the proceedings before the Court of Justice shall be taken before the Court of Justice, after the request for transfer has been granted, on the Requests for conversion on the basis of actual deeds.(5) If, in the case of Article 90 (5) of the Rome Statute, the Court of Justice has not ruled on admissibility within two months since the notification provided for in Article 90 (1) of the Rome Statute, the Court of Justice may, in the case of the other conditions A decision on the granting of extradition shall be taken.(6) In the cases referred to in Article 90 (6) and (7) (b) of the Rome Statute, priority shall be given to the request of the Court of Justice unless, having regard to the characteristics set out in those provisions, the reasons for which the authorization is granted of the extradition request, clearly outweigh it.7 The Court shall, in all cases, be informed of the decision on the extradition request. unofficial table of contents

§ 5 transfer documents
(to 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 documents referred to in Article 91 (2) of the Rome Statute (transfer to prosecution) or the documents referred to in Article 91 (3) of the Rome Statute (transfer to the enforcement of sentences) 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 names of these provisions shall be sufficient.(2) The enforcement of the granted transfer to the executing State (§ 2 para. 2) is only admissible if, in addition to the documents referred to in Article 91 (3) of the Rome Statute, the following documents are: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
a document of the executing state from which his consent is given or a statement by the Court of Justice according to which the executing State is in agreement with the enforcement, and
2.
the Court of Justice He/she has agreed to the transfer of the persecuted person by the German authorities to the executing State.
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§ 6 Approval of rendition

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

§ 7 Sachliche jurisdiction

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

§ 8 Local jurisdiction

(1) Local authority is the Higher Regional Court and the Public Prosecutor's Office at the Upper county court, in whose district the persecuted person is seized for the purpose of surrender or, if a seizure does not take place, is first determined.(2) If several persecuted persons who are to be transferred for participation in the same act or in connection therewith are seized or identified in the districts of different Oberlandesgericht for the purpose of surrender, the Jurisdiction thereafter, which Higher Regional Court or, as long as no Higher Regional Court is seized, which prosecutor's office at the Oberlandesgericht first dealt with the matter.(3) As long as the stay of the persecuted person is not known, jurisdiction shall be determined by the seat of the Federal Government. Non-official table of contents

§ 9 Punishment measures
(To Article 59 (1) of the Rome Statute)

(1) Upon receipt of a request from the Court of Justice for arrest and transfer under Article 89 (1) of the Rome Statute, or provisional arrest under Article 92 (1) of the Rome Statute, shall take the necessary measures to determine the residence and arrest of the Persecuted. The provisions of Section 9a of the First Book of Criminal Procedure Code are applicable accordingly.(2) There is no need for a separate request from the Court of Justice to order individual delusional measures. The public prosecutor's office at the Higher Regional Court is responsible for the tender for the arrest. Non-official table of contents

§ 10 Insurate
(To Article 59 (1) of the Rome Statute)

After receipt of the arrest and A request for a surrender which, in the case of a transfer to prosecution, is the subject of the documents referred to in Article 91 (2) of the Rome Statute or, in the case of a transfer to enforcement, the documents referred to in Article 91 (3) of the Rome Statute. , will be placed against the persecuted. Non-official table of contents

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

(1) A request of the Court of Justice for provisional arrest and the documents referred to in Article 92 (2) of the Rome Statute, provisional provisional detention shall be arranged. 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) provisional detention may be arranged before the receipt of an arrest and transfer request or a request for provisional arrest if the person is able to give rise to an act which may give rise to her transfer to the Court of Justice, The reason for certain facts is highly suspicious and
1.
is the risk of the persecuted withdraw the transfer procedure or the execution of the transfer, or
2.
on the basis of certain facts, the reason for the urgent suspicion is that the (c) the investigation of the truth in the proceedings of the Court of Justice or of the transfer proceedings.
Against a persecuted person who is responsible for committing a genocide (Article 6 of the Rome Statute) or a crime against the Humanity (Article 7 of the Rome Statute) is a matter of urgency, the provisional detention may also be ordered, if certain facts establish the danger that without arrest of the persecuted the enlightenment of the deed which he is likely to be endangered 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 in accordance with sentence 1 or sentence 2.(3) The provisional arrest warrant referred to in paragraph 2 shall be repealed if the Court of Justice declares that it does not wish to make a request for such a request or that the person who has been persecuted for a period of one month from the date of the seizure or provisional arrest is in detention for the purpose of the transfer, without a request by the Court of Justice for arrest and transfer or provisional arrest in the body responsible pursuant to section 68 (1). 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. Non-official table of contents

§ 12 Overposition arrest warrant

(1) The provisional contentious and the contentious shall be written by written Arrest warrant (rendition arrest warrant) of the Higher Regional Court.(2) To be found in the rendition warrant
1.
of the persecuted,
2.
the act of the persecuted act,
3.
the request and the submitted transfer documents or in the case of § 11 (2) sentence 1 or 2 of the sentence and the facts which substantiate it, as well as the facts from which it appears that the persecuted of an act which may give rise to his rendition is a matter of urgency.
(3) The Arrest warrant shall be lifted if the request is withdrawn, the Court of Justice declares that the procedure underlying the request for transfer is inadmissible before it is inadmissible or the transfer is declared inadmissible. Non-official table of contents

§ 13 Preliminary arrest

(1) The conditions for a transfer arrest warrant are met, the public prosecutor's office and the officers of the police service for provisional arrest. Under the conditions laid down in § 127 (1) sentence 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 shall be communicated to him.(3) If a transfer arrest warrant is present, he shall be immediately known to the persecuted person. The persecuted person shall receive a copy. Non-tambered table of contents

§ 14 Procedure after seizure due to a rendition arrest warrant
(To article 59, paragraph 2, of the Rome Statute)

(1) If the persecuted person is seized on the basis of an arrest warrant, he shall be presented immediately to the judge of the next local court, no later than the day after the seizure.(2) The judge at the District Court shall immediately, after the performance, no later than the following day, hear the persecuted person about his/her 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 he or she will be required to take part. § 41 (5) sentence 1 shall apply mutas to the transfer of the transfer. 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. If the Court asks, a copy of the Protocol shall be forwarded to the Court of Justice.(3) In the case of the interrogation,
1.
does not exist in the transfer arrest warrant.
2.
the rendition arrest command is canceled, or
3.
the person is unnamed. In the event of the arrest warrant being suspended,
the Judge shall order the release at the District Court. The decision shall be taken after hearing the public prosecutor's office with 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 judge shall assign to the District Court that the person to be persecuted shall be held until the decision of the Oberlandesgericht (Oberlandesgericht) if
1.
the prerequisites of a new rendition warrant because of the deed, or
2.
Reasons for ordering the enforcement arrest warrant.
The Public Prosecutor's Office at the Oberlandesgericht (Oberlandesgericht) immediately takes the decision of the Oberlandesgericht herbei.(5) The person persecuted for the withdrawal of the transfer arrest warrant or against the arrest warrant or against his enforcement other objections which are not manifestly unfounded, or has the judge at the time of the If the District Court concerns the maintenance of detention, he shall immediately inform the Public Prosecutor's Office at the Higher Regional Court, without prejudice to the provisions of Section 68 (3) sentence 3 and 4. The Public Prosecutor's Office at the Oberlandesgericht (Oberlandesgericht) immediately leads the decision of the Oberlandesgericht (Oberlandesgericht); § 16 (2) to (4) shall apply accordingly.(6) When the person persecuted against the transfer does not raise any objections, the judge shall inform him at the District Court of the possibility of a simplified transfer and their legal consequences (§ 33) and shall then take his declaration on the minutes. The second sentence of paragraph 2 shall apply accordingly.(7) The judge's decision at the local court shall be unquestionable. Non-tampering table of contents

§ 15 Procedure after provisional arrest

(1) If the persecuted person is provisionally arrested, he shall be immediately, at the latest on the day after the arrest, to the judge of the next local court.(2) Paragraph 14 (2) shall apply mutas to the interrogation of the persecuted person.(3) In the case of the hearing that the term is not the person to which the request or the facts refer in accordance with section 11 (2), 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. Non-official table of contents

§ 16 Arrest decisions, suspension of the enforcement arrest warrant
(To article 59, para. 4 to 6 of the Roman Empire) Statute)

(1) The Oberlandesgericht (Oberlandesgericht) decides on the objections of the person being persecuted against the transfer arrest warrant or against his or her enforcement.(2) The Oberlandesgericht (Oberlandesgericht) may suspend the enforcement of an order for arrest warrant issued on the basis of a request by the Court of Justice only under the conditions laid down in Article 59 (4) of the Rome Statute. The execution of an arrest warrant issued pursuant to 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 will also be achieved by them.(3) Before a decision pursuant to paragraph 1 or 2 sentence 1, the Court of Justice shall be given the opportunity to comment. 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 arrest warrant is suspended, the Court shall be informed of the facts of the case.(4) § 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. Non-official table of contents

§ 17 Detention Test

If the persecuted person is in a position to be persecuted or in a preliminary superposition, it is decided that the person who is being persecuted the Oberlandesgericht (Higher Regional Court) shall suspend the execution of the arrest warrant if the person who has been persecuted since the day of the seizure, provisional arrest or final decision on the execution of the Rendition Arrest Warrant in total two months for the purpose of overtaking. 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. Non-official table of contents

§ 18 Enforcement of detention

(1) For the provisional arrest, the contentious and the detention on the basis of a The judge's order in the District Court shall be governed by the provisions of the Code of Criminal Procedure, the Penal Act and, to the extent that the person being persecuted is an adolu, the Juvenile Justice Act on the execution of the pre-trial detention.(2) The Public Prosecutor's Office at the Higher Regional Court shall determine the institution in which the persecuted person is to be held.(3) The judicial decrees shall be made by the chairman of the competent Senate of the Higher Regional Court. Non-official table of contents

§ 19 Persecution of the persecuted

(1) After the receipt of the arrest and rendition request, the Upper county court to the persecuted if he has not agreed to a simplified transfer (§ 32).(2) The Oberlandesgericht (Oberlandesgericht) is responsible for the persecuted person's personal relations, 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 persecuted person does not agree with the simplified transfer (§ 32) , the Public Prosecutor's Office shall apply to the Oberlandesgericht (Oberlandesgericht) for the decision of the Higher Regional Court to determine whether the transfer is admissible.(2) If the transfer documents for the assessment of the admissibility of the transfer are not issued, the Oberlandesgericht shall not decide until an opportunity has been given to the Court of Justice to provide supplementary documents.(3) The Oberlandesgericht (Oberlandesgericht) can hear the 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. Non-official table of contents

§ 21 conduct of oral proceedings

(1) The public prosecutor's office is from the place and time of the oral proceedings notify 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 persecuted person in the proceedings before the Court of Justice may be allowed to be present and to ask questions.(2) If the persecuted person is in detention, he shall be presented, unless he has renounced the presence in the trial or that the performance of the case is illness, intentionally induced inability to negotiate, absence due to the absence of Contrary to the law of the Member States, there is no obstacle to the illegal conduct or to any other obstacle to be removed from the persecuted person.(3) If the persecuted person is at liberty, the Higher Regional Court shall regularly arrange his personal appearance, unless there are important reasons to oppose the order. If the duly charged pursuer does not appear and his long-distance stay is not sufficiently apologised, the Oberlandesgericht shall arrange the presentation and shall take the measures necessary to ensure a later transfer.(4) The parties present shall be heard at the oral hearing. A protocol shall be recorded on the hearing. Section 14 (2) sentence 5 shall apply accordingly. A non-official table of contents

§ 22 Decision on admissibility

The decision on the admissibility of the transfer is to be justified. 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. Non-official table of contents

§ 23 Redecision on admissibility

(1) Treten following the decision of the Oberlandesgericht on the Admissibility of the transfer circumstances which are suitable for a different decision on the admissibility to be justified, the Oberlandesgericht of Office shall decide on the grounds, at the request of the public prosecutor's office at the Higher Regional Court or on request of the persecuted once again on the admissibility of the transfer.(2) If, following the decision of the Oberlandesgericht (Oberlandesgericht), circumstances are known which are appropriate for a different decision on admissibility, the Oberlandesgericht may decide again on the admissibility of the transfer. Paragraph 1 shall apply mutatily.(3) Paragraphs 1 and 2 are applicable in the event of the consent of the person being persecuted with his simplified rendition, with the proviso that the decision of the Higher Regional Court shall be replaced by the declaration of the consent of the person concerned. Tracked with the simplified rendition.(4) § 20 para. 3, § § 21, 22 shall apply accordingly.(5) The Oberlandesgericht (Higher Regional Court) may order the postponing of the transfer. Non-official table of contents

§ 24 Detention order

If a transfer arrest warrant is suspended, the order is placed in the Upper county court after granting the transfer the enforcement, unless there are important reasons to speak against the detention and the execution of the transfer is guaranteed in another way. Non-official table of contents

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

(1) The Court may, in accordance with the provisions of Article 101 (1). 2. to prosecute, prosecute, punish, or restrict his or her personal freedom to persecute persons who have been transferred to him or her for acts other than those which have been granted for the purposes of surrender, insofar as the deeds are subject to his jurisdiction.(2) A foreign state successfully states the admissibility of criminal proceedings before the Court of Justice in accordance with Article 19 in conjunction with Article 17 (1) (a) of the Rome Statute, and the Court of Justice thereupon intends to give the persecuted person the right to The authorities of that State shall not be subject to paragraph 1. In such a case, the Court of Justice shall be invited to return the person who has been persecuted without delay. The provisions of the extradition law shall apply to the further procedure.(3) Paragraph 1 shall also not apply in so far as a foreign State is the Court of Justice, the State in whose territory the Court of Justice has its seat (host State, Article 3 of the Rome Statute), or the executing State for extradition, request temporary extradition, expulsion or any other movement within its territory 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 requests for delivery after delivery

(1) is the extradition of a persecuted person to a foreign State and requests the Court of Justice for consent to pursue or enforce a penalty, consent shall be given if
1.
it has been proven that the persecuted person had the opportunity to comment on the request, and the Higher Regional Court ruled that the surrender would be allowed , or
2.
it has been shown that the person persecuted to the minutes of a judge of the Court of Justice or of the State to which he was extradited, with the The Court of Justice shall refer the matter to the Court of Justice for the purposes of prosecution or enforcement of the sentence and for the fact that the transfer would be admissible.
(2) § 20 (1) shall apply to the proceedings, provided that the person who has been persecuted with the simplified transfer shall be replaced by his consent within the meaning of the first sentence of paragraph 1, sentence 1, second sentence, and § 20 (2) and (3) sentence 2 and 3, § 21 Paragraph 1, 2 sentence 2, para. 4, § § 22, 23 para. 1 and 2 accordingly. The Oberlandesgericht (Oberlandesgericht), which was responsible for the decision on the admissibility of extradition in the extradition proceedings, is responsible for the court decision pursuant to the first sentence of the first paragraph of paragraph 1.(3) If the extradition is not carried out, a request of the type referred to in paragraph 1 shall be given for consent if the transfer to the Court of Justice would be admissible on the basis of the act. The second sentence of paragraph 1 shall apply accordingly. § § 19 to 23 shall apply mutas to the procedure. Non-official table of contents

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

(1) Will the approved transfer in cases where criminal proceedings are brought against the person who is being persecuted, or where a custodial sentence or a detention order for improvement and security is to be carried out, the person being persecuted may be temporarily transferred, if the Court of Justice ensures that it is to be returned to it by a specified date.(2) It is possible to dispense with the re-transfer of the persecuted person.(3) Where, in the proceedings for which the transfer has been postponed, a period of imprisonment or a fine is imposed, the procedure before the Court of Justice in the proceedings shall be suspended until the date of return or the renunciation of the re-transfer. Deprivation of liberty suffered from it. If the transfer has been postponed because of the execution of a term of imprisonment against the persecuted person, sentence 1 shall apply accordingly.(4) The body responsible for the calculation referred to in paragraph 3 shall, after hearing the public prosecutor's office, determine the scale at its discretion in the Oberlandesgericht. It can arrange for the offsetting to be left entirely or partially, if
1.
is the one on the order of the The right to deprivation of liberty suffered in whole or in part has been credited to a penalty imposed or to be enforced by the Court, or
2.
the credit With regard to the behavior of the persecuted after the handover is not justified.
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§ 28 German criminal procedure

(1) In the event of an act under Article 5 of the Rome Statute, the Court of Justice shall have a criminal case against the person who has been persecuted in the country, and the Court of Justice shall have jurisdiction over the Federal Ministry of Justice and for the protection of consumers or of the In the case of a cessation of the German criminal proceedings in order to seek the transfer of the person being persecuted, the Public Prosecutor's Office may depart from a prosecution of the deed if this is of particular interest to the German criminal court. Law enforcement is warranted in the domestic 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 body competent pursuant to Section 68 (1).(2) If the provisional convict has been ordered in accordance with Section 11 (2) against the persecuted, and the Court of Justice has not requested a provisional arrest within the time limit laid down in Article 11 (3), the proceedings 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 re-appointment as referred to in paragraph 1.(3) The decision on the termination of the procedure and the decision to resume proceedings shall be indisputable.(4) The costs and the necessary expenses shall be taken after the final conclusion of the procedure before the Court of Justice. § § 464 to 473 of the Code of Criminal Procedure shall apply accordingly. Non-official table of contents

§ 29 Issuing of items in the transfer process

(1) In connection with a transfer, the following can be used: Court of Justice without special request pursuant to § 51 articles are issued,
1.
which as evidence for the proceedings before the Court of Justice, or
2.
which, directly or indirectly, the person being persecuted or a participant, by reason of the act of surrender; (
)
publication shall be admissible only if it is ensured that the rights of third parties remain unaffected and, subject to reservation, items issued on request shall be made available on request. immediately returned.(3) Under the conditions set out in paragraphs 1 and 2, items may be issued even if the approved transfer cannot be carried out for actual reasons.(4) On the admissibility of the issuance of the prosecutions, at the request of the prosecutor's office, decisions shall be taken at the Higher Regional Court or at the request of the person claiming that he would be infringed by the publication in his/her right. , 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) In so far as the items to be issued contain personal data of the person being persecuted, it should be pointed out that the data contained are used only to fulfil the tasks assigned to the Court under the Staff Regulations. may. 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 undue effort, the transmission of this data is also permissible, unless the legitimate interests of the person being persecuted or of a third party to the secrecy of the person concerned. Non-official table of contents

§ 30 Seizure and search

(1) Items that are eligible for publication to the Court of Justice can, also before the transfer request is received, seized or otherwise guaranteed. For this purpose, a search can also be carried out.(2) The 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. The second sentence of Article 7 (1) 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 be entitled to order the seizure and the search in accordance with the provisions of the Code of Criminal Procedure. Non-official table of contents

§ 31 Beistand

(1) The persecuted person can serve in any state of the proceedings of an assistance.(2) At the latest after his first hearing in accordance with § 14 (2), the persecuted person who has not yet chosen an adviser shall be appointed as a counsel in connection with Section 15 (2), even in connection with Section 15 (2).(3) The provisions of the 11. 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

§ 32 Simplified rendition
(to article 92, paragraph 3, sentence 2 of the Rome Statute)

(1) The transfer of a A person against whom an arrest warrant has been issued and which requests the Court of Justice to arrest and transfer his or her arrest or arrest him or her provisional arrest may be authorised without the formal transfer procedure to be carried out if the In accordance with the provisions of the judicial protocol, it has agreed to this simplified rendition.(2) The agreement cannot be revoked.(3) At the request of the Public Prosecutor's Office to the Higher Regional Court, in the cases of § § 14 and 15 of the Judges of the District Court, the Higher Regional Court of the Court of Appeal shall inform the persecuted persons of the possibility of simplified rendition and their legal consequences (paragraphs 1 and 2) and shall then make its declaration on the Protocol. The judge is responsible for the district court, in whose district the persecuted person is located. Non-official table of contents

§ 33 Call of the Federal Court of Justice

(1) Does the Oberlandesgericht hold a decision of the Federal Court of Justice for , in order to clarify a legal matter of fundamental importance, or does it intend to do so by a decision of the Federal Court of Justice or a decision of another Higher Regional Court on a question of law in matters relating to the law relating to the The Court finds that the International Criminal Court deviates from the Court of Justice and takes the decision of the Federal Court of Justice on the legal question.(2) The decision of the Federal Court of Justice shall also be obtained if the Federal Prosecutor General or the Public Prosecutor's Office at the Higher Regional Court requests this in order to clarify a legal question.(3) The Federal Court of Justice gives the persecuted opportunity to submit comments. The decision is taken without oral proceedings.

Part 3
Transit

Non-tampering Table of contents

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

Persons, in order to bring them through the Court of Justice or with the consent of the State from which the persecuted person is transferred to the Court of Justice. , the Federal Republic of Germany or the executing State shall be required to carry out criminal proceedings or the enforcement of the law in accordance with the Staff Regulations and this Act. Unofficial table of contents

§ 35 Enforcement documents
(To Article 89 (3) of the Rome Statute)

(1) Transit to the The Court of Justice, pursuant to Article 89 (3) of the Rome Statute, shall be admissible only if the documents referred to in Article 89 (3) (b) (i) to (iii) of the Rome Statute are submitted to the Court of Justice. .(2) In addition to the documents referred to in Article 89 (3) of the Rome Statute, a document of the executing State must, in addition to the documents referred to in Article 89 (3) of the Rome Statute, be entitled to transit to the executing State from its agreement with the enforcement of the documents referred to in Court of Justice, or a statement by the Court of Justice, under which the executing State is in agreement with the enforcement of the sentence.(3) In addition to those referred to in paragraph 1 and in the case of transit to the Court of Justice or the executing State, if the State of persuasion is to seek transit to the Court of Justice or the executing State for the enforcement of a penalty imposed by the Court of Justice, In addition to the documents referred to in paragraph 2, the executing State shall include a statement from the Court of Justice resulting in its agreement with the request. Non-official table of contents

§ 36 Jurisdiction

(1) The court decisions shall be issued by the Higher Regional Court. The second sentence of Article 7 (1) and (2) shall apply accordingly.(2) Local authority is
1.
in the case of transit by land or sea, the Upper county court in whose district the persecuted is likely to be transferred to the scope of this law,
2.
in the case of transit on the Airway the Oberlandesgericht (Oberlandesgericht), in whose district the first port of call is to take place.
(3) If a jurisdiction under paragraph 2 no. 2 is not justified, the Oberlandesgericht Frankfurt am Main shall be responsible. Non-official table of contents

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

(1) The person being persecuted shall be held in detention for the protection of the person concerned.(2) The detention shall be ordered by a written arrest warrant issued by the Higher Regional Court. § 12 (2), § 20 (2) apply accordingly.(3) The transit shall be authorised only if a transit arrest warrant has been issued.(4) The transit arrest warrant shall be disclosed to the persecuted person immediately after his or her arrival at home. The persecuted person 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 being persecuted shall be immediately, no later than the day following his arrival at home, 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. Section 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. § 31 shall apply in accordance with the proviso that an assistance should be ordered if
1.
is due to the Difficulty of the legal or legal situation the participation of an adviser appears to be offered or
2.
it can be seen that the persecuted his rights are not sufficiently .
(7) The items taken over in the course of a transit can be issued without special request at the same time as the transfer of the persecuted person. Non-official table of contents

§ 38 Multiple transit

(1) Is the first-time transit to deliver the persecuted to the Court , the person concerned may, without further authorization, also for the execution of a penalty imposed by the Court of Justice on a request which refers to the documents submitted on the occasion of the first-time transit for the purpose of surrender to the executing State, if a document of the executing State resulting from his agreement with the execution of the penalty imposed by the Court of Justice, or a statement by the Court of Justice, shall be forwarded to the executing State in accordance with that the executing State agrees with the execution of the execution. Sentence 1 and 2 shall also apply to the further transport cases.(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 be applicable in the event of a re-transfer after a previous temporary transfer to the constellation State, provided that the fact of the later re-transfer can be seen at the first transit was. Non-official table of contents

§ 39 Unforeseen port of call
(To Article 89 (3) (e) of the Rome Statute)

(1) In the case of a unforeseen intermediate landing in the country, the body first known to the port of call and acting under this law shall immediately inform the Court of Justice and the competent authority in accordance with section 68 (1) of the port of call. 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 police officers are authorized to arrest the 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 following 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
Mutual legal assistance through the enforcement of judgments and orders of the Court of Justice

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§ 40 Principle

Legal assistance will be enforced by enforcing a sentence passed by the Court of Justice in accordance with the conditions laid down in 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

§ 41 Enforcement of custodial sentences
(To article 77, para. 1, article 103, para. 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 and enforceable findings on the guilty verdict and on the sentence, requested and
2.
The Court of Justice and the body responsible pursuant to Section 68 (1) of the Court of Justice on the taking-over of enforcement have agreed.
When 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 made exist.(2) The term 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 first sentence of the first sentence of paragraph 1 and the second sentence shall apply.(4) In respect of the decisions to be taken on the grounds of the execution of the penalty, including pardon, the resumption of proceedings and the reduction of the penalty by the Court of Justice, as well as other decisions relating to a stay of the The Court of Justice shall have jurisdiction outside the body in which the convicted person is held, without having to be vigilanted. 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 to the extent that the Court of Justice has jurisdiction to take decisions on enforcement measures.(5) The traffic between the convicted person and the Court of Justice shall be unimpedeable and confidential. At the request of the Court of Justice, members of the Court shall be granted access to the enforcement body. If the convicted person objects to the execution of the sentence, or if he makes applications which the Court of Justice has to decide on, the decision of the Court of Justice shall be obtained.(6) The costs incurred on the occasion of execution 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 Escape and specialty
(To Article 108, Article 111 of the Rome Statute)

(1) Escapes the convicted or If he or she otherwise withdraws from the law, he shall issue an arrest warrant in accordance with Section 46 (1) and shall take the other measures necessary to determine the stay and arrest the person who has been persecuted. 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 of Justice shall be immediately informed of the flight and, moreover, the procedure laid down in Article 111 of the Rome Statute shall be governed.(2) The prosecution of acts committed by the convicted person prior to his surrender to the German authorities or the execution of a custodial sentence or a measure of improvement and security imposed prior to his surrender may be subject to the following: Article 108 (3) of the Rome Statute is to be determined only with the consent of the Court of Justice.(3) The consent may be granted to a foreign state for extradition, temporary extradition, deportation or any other movement within its jurisdiction for the prosecution or execution of a penalty or other sanction. , where the Court has previously agreed, subject to the provisions of Article 108 (3) of the Rome Statute, and where extradition is permitted in accordance with the extradition rules applicable in relation to the requesting State. Non-official table of contents

§ 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, under the submission of the full final legal and enforceable findings on the guilty verdict and the sentence of the sentence, and
2.
shall be indicated in the request to the extent to which the fine in the country of the ,
that the amount of the fine to be executed is declared in a currency other than the euro, the amount of the fine to be executed shall be that of the date of the day of the Underlying the request at the beginning of an officially established conversion rate.(2) The provisions of the Code of Justice shall apply to the execution of the fine in so far as this law does not determine anything else.(3) The financial penalty shall be 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 hammered 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, and 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 shall be communicated to the Court of Justice and the financial penalty shall be transferred to him.(5) In so far as the Court of Justice, on the grounds of incrimination of the fine, extends the custodial sentence imposed on the convicted for an act under Article 5 of the Rome Statute or on the grounds of non-existence of a sentence of fact pursuant to Article 70 (5) of the Treaty Article 1 of the Rome Statute imposing a sentence of imprisonment shall apply to the execution of the custodial sentence of § § 41 and 42. Unofficial Table Of Contents

§ 44 Enforcement of Infringement Orders
(To Article 77 (2) (b), Article 109 (2) of the Roman Code)

(1) Regulations pursuant to Article 77 (2) (b) of the Rome Statute shall be enforced if
1.
requested by the Court of Justice on the submission of full and enforceable findings on the guilty verdict and for the sentence, and
2.
The eligible objects are located within the country.
(2) For enforcement, the court orders the decay of the object. Section 73 (2) to (4), § § 73a and 73b of the Penal 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 passed on to the Court of Justice by the competent body in accordance with section 68 (1) if it does so by the order of the order Affected at this 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) Insofar as a decision has been taken in the case of the Court of Justice of the Court of Justice concerning the rights of third parties, it shall be binding, unless
1.
The third party obviously did not have enough opportunity to assert his rights,
2.
Decision is incompatible with a domestic civil decision in the same case, or
3.
the decision relates to the rights of third parties a land situated in the country or right of property; the rights of third parties also include prior notes.
If one of the cases of the first sentence is concerned, the Court of Justice shall be given the opportunity to comment in the procedure laid down in Section 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 can be used in any situation of the procedure of an assistance.(5) Where, in the case of an item on the basis of a request by the Court of Justice, the arrangement of the decay is considered, 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

§ 45 Enforcement of Goods for Goods
(To Article 75 (2), Article 109 of the Rome Statute)

Reparations orders directed to the 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 guilty verdict and the sentence, as well as the order under Article 75 of the Roman Statute requested and
2.
the request shall indicate the extent to which the restitution order is to be completed domesticly, provided that the Court of Justice has requests for enforcement of several States.
In other respects, enforcement is based on § 43. Non-official table of contents

§ 46 Jurisdiction, appeal to the Federal Court of Justice, assistance

(1) German competent authority in the enforcement of Sentences of imprisonment of the Court of Justice (§ § 41 and 42) are the public prosecutor's office at the Higher Regional Court in whose district the institution in which the convicted person is in detention is located.(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 established, 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 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 Higher Regional Court are indisputable.(3) The court orders required for the execution of a court order of the Court of Justice (§ 44) shall be taken by the Oberlandesgericht (Oberlandesgericht). 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 subject matter If objects are located in the districts of different Oberlandesgericht, the jurisdiction shall be determined by the Higher Regional Court or, as long as no Higher Regional Court has yet been referred, which prosecutor's office first dealt with the case . As long as a jurisdiction under sentence 2 or sentence 3 cannot be established, jurisdiction shall be determined by the seat of the Federal Government.(4) § 20 (2) and (3), § 21 (1) and (4), § § 22, 23, 29 (4), § 33 and the provisions of the 11 are applicable to the proceedings before the Oberlandesgericht (Oberlandesgericht). Section of the First Book of the Code of Criminal Procedure, with the exception of § § 140 to 143. § 31 shall apply mutatily with the proviso that an assistance should be ordered if
1.
is due to the Difficulty of the legal or legal situation the participation of an adviser appears to be offered or
2.
it can be seen that the persecuted his rights are not 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 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 action under the Rome Statute, whether or not the legal assistance is to be made by a court or authority.(3) Where the authority responsible for the authorisation of judicial assistance is satisfied with the conditions for the performance of legal assistance, the competent authority responsible for the performance of the legal assistance shall be bound by it. § 50 shall remain unaffected.(4) The treatment of competing requests for other legal assistance is addressed in accordance with 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

§ 48 Postponing of the execution

In the cases referred to in Article 93 (3) to (5), (9) (b), 94 (1) and 95 (2) of the Rome Statute may be deferred until it is established, as is the case in accordance with the Rome Statute, that it is to be followed in relation to the request. Non-official table of contents

§ 49 Jurisdiction

(1) As far as legal assistance is provided by a public prosecutor's office, the local authority Public prosecutor's office in whose district the legal assistance is to be carried out. If legal assistance is to be carried out in the counties of various 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, the competence shall be determined by the seat of the Federal Government.(2) Paragraph 1 shall apply in accordance with jurisdiction, in so far as judicial acts are required for the performance of legal assistance or other judicial decisions are to be taken.(3) In the case of the court decision on the issuance of objects pursuant to § 50 (1) sentence 2, for the order of a seizure and search of objects (§ 52 (1) and (2)) and an asset seizure (Section 52 (4)), for the liability decisions in the case of a temporary takeover (Section 55 (1)) and a shipment (Section 55 (6)) as well as for the court orders in the case of a telecommunications surveillance (Section 59 (1)) and a measure without the knowledge of the The Oberlandesgericht (Oberlandesgericht) is concerned (Section 59 (2)). In the case of a temporary take-over, the Oberlandesgericht (Oberlandesgericht) is responsible for the local authority, in whose district the office is situated, which is to carry out the legal assistance. In the case of a shipment, Section 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 in the Higher Regional Court and takes the measures necessary for its implementation. It is also responsible for the arrangement and execution of a temporary handover (§ 54), the preparation of the decision on the approval of the handing out 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

§ 50 Court Decision

(1) Legal assistance may be used in the cases of § 52 (1), (2) and (4), § 55 (1) and (6), § 59 (1) and (2) shall only be granted if the Higher Regional Court 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) § 20 (2) and (3), § 21 (1) and (4), § § 22, 29 (4) sentence 2, § 31 (1), § 33, as well as the provisions of the 11) apply to the proceedings before the Oberlandesgericht. 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) of the application, irrespective of the person concerned by 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 measure is first arranged.(3) Where a court other than the Higher Regional Court is responsible for the performance of legal assistance, and if it considers that the conditions for the performance of legal assistance are not fulfilled, it shall justify its opinion and shall seek the decision of the Oberlandesgericht. 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) § 20 (2) and (3), § 21 (1) and (4), § § 22, 23 (1), (2) and (4), § 29 (4) sentence 2, § 31 (1), § 33 and the provisions of the 11 are applicable to the proceedings before the Oberlandesgericht. Section of the First Book of the Code of Criminal Procedure, with the exception of § § 140 to 143. Unofficial table of contents

§ 51 Disclosure of objects

(1) Without prejudice to the provision of § 58 (3), a competent authority shall be required to: The Court of Justice has issued articles,
1.
as evidence of proceedings before the Court of Justice. The Court of Justice may,
2.
directly or indirectly a person persecuted by the Court of Justice on the grounds of one of its jurisdiction or a party may have been obtained by this act or as a fee for such objects.
(2) The release is allowed if
1.
a decision of a competent body of the Court of Justice to decide on the confiscation of the goods or the freezing within the meaning of Article 93 (1) (k) of the Rome Statute, and
2.
is guaranteed that the rights of third parties remain unaffected and, subject to retention of title, immediately upon request. .
(3) Insofar as the objects to be disclosed contain personal data of the persecuted person, it should be pointed out that the data contained therein are only for the purpose of fulfilling the provisions of the Court of Justice of the European Communities The tasks assigned to the Staff Regulations 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 undue effort, the transmission of this data is also permissible, unless the legitimate interests of the person being persecuted or of a third party to the secrecy of the person concerned. Non-official table of contents

§ 52 Seizure and search, asset seizure

(1) Items to be published to the Court of Justice in Consideration may be given, even before the request for publication, seizure, seizure or otherwise guaranteed. For this purpose, a search can also be carried out.(2) Items may be confiscated or otherwise seized under the conditions of § 51 (1) No. 1 even if this is necessary for the execution of a request not directed at the issuance of the objects. The second sentence of paragraph 1 shall apply accordingly.(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 Constitutional Law) shall be entitled to seize the seizure and search in accordance with the provisions of the Order the Code of Criminal Procedure.(4) Regardless of the existence of the conditions of Article 51 (1) (1) or (2), at the request of the Court of Justice, the assets or individual property of a person concerned, which are in the territory of the country, may be subject to the action referred to in Article 5 of the The Rome Statute (Article 61 of the Rome Statute) or an arrest warrant (Article 58 of the Rome Statute) has been upheld, and is subject to the law of the Rome Statute. Section 51 (2) No 1 shall apply. The seizure also includes the assets which the accused later accuse of. The second sentence of paragraph 1 shall apply accordingly.(5) Without prejudice to the provisions of Section 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 as set out in the first sentence shall not enter into force unless it is confirmed by the Court of First Instance within three days.(6) The seizure referred to in paragraph 4 shall be repealed at the request of the Court of Justice, but no later than after the court having heard the seizure of the seizure has become aware that the arrest warrant has been revoked or the proceedings in the first legal proceedings is complete. § § 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

§ 53 Personal Appearance of Witnesses

(1) The Court is seeking a personal appearance of a person who is in the In the case of a home on a free foot, as a witness for questioning, for the juxtaposition or for taking an eye view, the order means may be ordered which, in the case of the summons by a German court or a German court, may be ordered. prosecutor's office could be imposed.(2) Insofar as the Court of Justice assures a person not to use their testimony, the data of the person may not be used in a German criminal proceedings without their consent in the scope of the Court's assurance. 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 provided the information. can be refused. Non-official table of contents

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

or is housed 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 guided investigation or an investigation which is pending, to the Court of Justice or to the authorities of a State designated by the Court of Justice against another judicial procedure relating to a survey of evidence or to any other purpose provided for in Article 93 (7) (a), first sentence, of the Rome Statute submitted temporarily, if
1.
after instruction to the judge's minutes at the local court, in the district of which the institution in which it is held is located, has agreed to do so,
2.
is not to be expected that, as a result of the transfer of the purpose of the criminal procedure or criminal enforcement,
3.
is guaranteed that the person concerned shall be affected during the period of his/her surrender, with the exception of Measures taken under Articles 70 and 71 of the Rome Statute shall not be punished, subject to any other sanction or shall be pursued by measures which may not be taken in its absence, and shall be subject to the action of the release the host state or the state designated by the Court of Justice, and
4.
shall ensure that the person concerned is immediately after the evidence collection shall be resubmitted, 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. Non-official table of contents

§ 55 Transient transfer and shipment

(1) Who is outside the scope of this law in In the case of an investigation or trial, or on the basis of the order of a detention order, the investigation shall be carried out at the request of the Court of Justice, or for a referral to the Court of Justice of the European Communities for the purpose of carrying out an inquiry , shall be temporarily transferred to the scope of this Act and shall be returned at the agreed date or at the request of the Court of Justice, except in the case of waiver of the Court of Justice, if it is guaranteed that the inherited Waiver of the restitution in a foreign country of the Court of Justice. The person concerned shall be detained before the temporary takeover is carried out by a written arrest warrant if the Court of Justice is asked to do so or otherwise it would not be guaranteed to return it.(2) To be in the arrest warrant
1.
the affected person,
2.
the request for eviction in the presence of the person concerned,
3.
the information of the Court of Justice on the The place to which the return is to be made as well as
4.
the liability reason.
§ 13 (3), § 14 (1), 2 sentence 1 and 3, paragraph 5, and § 18 apply accordingly.(3) The arrest warrant shall be revoked if
1.
tells the Court that detention is no longer ,
2.
the Court of Justice gives the consent in accordance with paragraph 4, sentence 2,
3.
Any person concerned shall be resubmitted 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 shall be 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 the second sentence of paragraph 4 shall apply mutatily.(6) Those who are in investigation or criminal detention outside the scope of this law or who are housed on the basis of the order of a detention order shall, at the request of the Court of Justice, be held there against another The Court of Justice of the European Union shall, in the case of an investigation or an investigation carried out there, be brought against another judicial proceeding in the scope of this Act and shall be returned 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. Non-official table of contents

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

The rules for the protection of Victims of criminal offences 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 applicable. unofficial table of contents

§ 57 deliveries
(to article 58 (7) sentence 4, article 93 (1) (d) of the Rome Statute)

(1) For the Procedures for deliveries shall be governed by the rules laid down in the Code of Civil Procedure.(2) The service of a summons of the Court of Justice to the accused person by way of replacement delivery shall be excluded. Non-official table of contents

§ 58 Transfer of knowledge and information acquired to the service

(1) At the request of a competent body of the The Court of Justice shall, subject to paragraph 3, be notified to the Court of Justice, within the limits of its jurisdiction, by the German courts and authorities, to the extent to which this is communicated to a German court or to a German court or tribunal. The German Public Prosecutor's Office would be allowed to conduct criminal proceedings if it is guaranteed that
1.
Information from the Federal Central Register and findings obtained by means of a telecommunications surveillance (§ 59 para. 1) or any other measure without the knowledge of the person concerned (§ 59 para. 2) , and shall not be sent to posts outside the Court of Justice, and
2.
Other findings only with the prior consent of those pursuant to Section 68 (1) .
In the case of the transmission of the findings, the maximum time limits applicable under German law for the storage of the findings and the maximum periods of time for the transfer of the findings shall be suitably forwarded to the competent authorities. to point out that the information submitted may only be used for the purpose of carrying out the tasks conferred on the Court of Justice 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 shall request the rectification or erasure of the findings.(2) Subject to paragraph 3, information referred to in paragraph 1, with the exception of information from the Federal Central Register, may be sent to the Court without a request if the conditions set out 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.
promoting a procedure already initiated there, or
3.
a request for legal assistance from the Court
(1) (2) and (3) shall apply accordingly.(3) Ask the Court of Justice for information to be sent to a German court or to a German authority by a foreign State or a national or national body with a request for 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. Non-official table of contents

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

(1) The arrangement of the supervision of telecommunications (§ 100a of the Code of Criminal Procedure) and the transmission of the findings obtained by the monitoring are only admissible if
1.
is the decision of a judge of the Court who is responsible for the telecom surveillance ,
2.
the further requirements of the Code of Criminal Procedure for the arrangement of the measure, with the proviso that the provisions of Section 100a (2) of the Code of Criminal Procedure are to be replaced by the The offences referred to in Article 5 of the Rome Statute, and
3.
, ensure that the provisions of the Code of Criminal Procedure do not comply with the provisions of the Statute. Criminal procedure for 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 purpose of proof in other criminal proceedings before the Court of Justice (Section 477 (2) sentence 2 of the Code of Criminal Procedure) and the deletion (Section 101 (8) of the Code of Criminal Procedure).
(2) At the request of the Court, the measures referred to in § § 100c, 100f of the Code of Criminal Procedure shall be without knowledge. of the person concerned. Paragraph 1 shall apply mutatily. Non-official table of contents

§ 60 Presence in the case of legal assistance
(To Article 99 (1) of the Rome Statute)

The Plenipotentiary of the Court of Justice and other persons referred to at the request of the Court of Justice shall, upon request, authorise 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 permissible 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

§ 61 Court Hearings
(To Article 3 (2) of the Rome Statute)

(1) At the request of the Court of Justice which allows the holding of judicial hearings in the country.(2) The application of a fine under Article 71 (1) of the Rome Statute shall apply to Article 43. Non-official table of contents

Section 62 Direct completion by the Court of Justice
(Go to Article 99 (4) (b) of the Rome Statute)

Special requests shall be made to nationals and agents of the Court of Justice, in consultation with the competent German authorities, to carry out self-employed activities, eyesight activities and similar surveys 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. Non-official table of contents

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

The Court of Justice, pursuant to Article 70 (4) (b) of the Rome Statute, in order to initiate criminal proceedings against a person suspected of an act under Article 70 (1) of the Rome Statute, shall be referred to the Court of Justice as soon as possible by the Court of Justice. taught on the basis of the request. At the end of the procedure, a copy or a certified copy of the final decision shall be sent to him. If the Court of Justice requests that the items and files that have been transferred are returned,

Part 6
Outgoing requests

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§ 64 form and content of requests
(to article 93 (10), article 96 (4) of the Rome Statute)

To the Court of Justice under article 93 (10) (a) Requests for legal assistance or transfer, as well as the documents to be annexed to the Rome Statute, shall be subject to the form prescribed in Article 96 (1) in conjunction with Article 96 (4) of the Rome Statute and to the documents referred to in Article 96 (2) in conjunction with content referred to in paragraph 4 of the Rome Statute. Non-official table of contents

§ 65 Reorder

(1) Who for a domestic criminal proceedings against him on request under the condition A later re-transfer has been temporarily transferred by the Court of Justice, shall be returned to the Court of Justice or to the authorities of a State designated by the Court of Justice at the agreed date, unless the Court of Justice does not do so. 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. The detention provided on the basis of an order pursuant to sentence 2 shall be credited to a penalty imposed in German criminal proceedings in accordance with Section 51 of the Criminal Code.(2) Section 55 (2) of the warrant shall apply to the warrant. 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) shall not decide on any objections to the reorder arrest warrant or the application for the withdrawal of the return arrest warrant only if the detention has been carried out on the basis of the reorder arrest warrant.(3) The Court of Higher Regional Court, in whose district the court seizying with the national criminal proceedings is established, shall take the decision of the High Regional Court, before the public action is brought before the Higher Regional Court, in the district of which the proceedings leading the proceedings Prosecutor's office has its seat. 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. Non-official table of contents

§ 66 Temporary handover for a German procedure

(1) Anyone who is due to an order from the Court of Justice in A German court or a German authority, on request, under the condition of the subsequent return for a domestic criminal proceedings against another, is subject to a request for evidence or criminal proceedings. has been handed over temporarily to the Court of Justice or to the authorities of a State designated by the Court of Justice at the agreed date, unless the Court of Justice 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) Any person who is in trial or criminal detention in Germany or who is accommodated on the basis of the order of a detention order of detention and security may be required to pay a reference to a national criminal procedure. The Court of Justice shall be temporarily handed over when the conditions set out in Article 54, first sentence, No 1, 3 and 4 are fulfilled. § 49 (4) sentences 2 and 3 as well as § 54 sentence 2 to 5 shall apply accordingly. Non-official table of contents

§ 67 terms

conditions that the Court of Justice has attached to the legal assistance are to be considered.

Part 7
Common Rules

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§ 68 Responsibility of the Federal

of Justice and the Federal Republic of Germany (1) The Federal Ministry of Justice and Consumer Protection, in agreement with the Federal Foreign Office and with the Federal Foreign Office, decides on the request for legal assistance from the Court of Justice and on the position of the request to the Court of Justice. other federal ministries whose business area will be 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 from 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 fourth sentence to another competent authority in accordance with national law.(2) The Federal Ministry of Justice and Consumer Protection decides in agreement with the Federal Foreign Office and with other supreme federal authorities whose business area is affected, in particular about
1.
The submission of a situation under Article 14 (1) of the Rome Statute,
2.
the communication pursuant to Article 18 (2) of the Rome Statute and the filing of a complaint under Article 18 (4) of the Rome Statute,
3.
the declaration of a dispute pursuant to Article 19 (2) of the Rome Statute,
4.
the filing of the Appeal pursuant to Article 19 (6) of the Rome Statute,
5.
A procedural step under Article 72 (4) of the Rome Statute,
6.
the filing of a complaint under Article 82 (2) of the Rome Statute, or
7.
the request for Exemption under Article 101 (2) of the Rome Statute.
(3) Where, under the Rome Statute or this law, deliberations with the Court of Justice or communications to the Court of Justice are provided for, 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. To inform you of facts.(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 the provisions of Section 14 (1) sentence 1 No. 2 of the Federal Criminal Law Act and § 15 (1) to (3) of the Federal Criminal Court Act (Bundeskriminalamtgesetz). Federal Criminal Law. Non-official table of contents

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

1) No one shall be allowed to act on the grounds of a crime referred to in Article 5 of the Rome Statute or of a criminal offence referred to in Article 70 (1) of the Rome Statute, pursuant to which he has already been convicted by the Court of Justice, or has been acquitted of another court.(2) In a criminal proceedings brought against a person domestically, it is known that the person has already been convicted or acquitted by the Court of Justice for all or part of the acts on which the German procedure is based, the procedure shall be terminated at the expense of the State Treasury in respect of the acts on which the Court of Justice has decided. If the proceedings are pending before the court, it is necessary to establish a court decision.(3) A decision to be taken on compensation for law enforcement measures shall be based on the decision of the Court of Justice on the issue of debt and criminal law. Non-official table of contents

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

A request from the Court of Justice for Transfer or other legal assistance against a member of the German Bundestag or a legislative body of a country or on investigative acts in their premises, the Federal Ministry of Justice and Consumer Protection shall inform or the competent authority, which is otherwise competent pursuant to Section 68 (1), the President of the body to which the person concerned belongs or who is affected by the investigative act requested, via the receipt of the request. 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. Non-official table of contents

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

To the reimbursement of the costs of the case, the Court of Justice the cost of legal assistance can be waived. Non-official table of contents

§ 72 Application of other procedural rules

As far as this law does not contain any special procedural rules, the following rules apply: the provisions of the Law of the Court of Justice and the Introductory Act on the Law of the Court of Justice, the Code of Criminal Procedure and the Introductory Act on the Code of Criminal Procedure, the Criminal Code, the Juvenile Justice Act and the Tax Code makes sense. Unofficial table of contents

§ 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 of correspondence, postal and telecommunications secrecy (Article 10 (1) of the Basic Law), the inviolability of the flat (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.

Related Laws

1950 Courts Act