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 law - IStGHG) IStGHG Ausfertigung date: 21.06.2002 full quotation: "ICC Act of 21 June 2002 (BGBl. I S. 2144), most recently by article 165 of the regulation of 31 August 2015 (BGBl. I p. 1474) has been changed" stand: last amended by article 165 V v. 31.8.2015 I 1474 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.7.2002 +++) the G as article 1 d. G v. 21.6.2002 I 2144 of the Bundestag with the consent of the Federal Council decided. It entered into force article 13 of this G on the effective according.

Table of contents Part 1 scope § 1 scope part 2 transfer section 2 principle of article 3 request for surrender and earlier criminal proceedings before the Court of Justice or in a foreign State in article 4 request for surrender and extradition requests § 5 excess position documents section 6 permit the transfer of § 7 substantive jurisdiction § 8 territorial jurisdiction § 9 search measures section 10 Überstellungshaft § 11 preliminary Überstellungshaft § 12 rendition warrant section 13 provisional arrest § 14 procedure after seizure on reason a rendition warrant article 15 procedure after provisional arrest section 16 detention decisions , Suspension of execution of the transfer warrant article 17 detention section 18 full of custody section 19 interrogation followed section 20 admissibility procedure section 21 conducting the hearing section 22 decision on admissibility article 23 another decision on the admissibility of section 24 prison to carry out the transfer section 25 specialty section 26 of transfer request after previous delivery § 27 temporary transfer section 28 German criminal proceedings and transfer requests for section 29 publication of items in the transfer procedures of section 30 seizure and search § 31 assistance § 32 simplified transfer section 33 invocation of the Bundesgerichtshof part 3 transit § 34 principle section 35 through transport documents § 36 jurisdiction section 37 through transportation procedure § 38 multiple transit section 39 unforeseen intermediate part 4 legal assistance through the enforcement of judgments and orders of the Court of Justice § 40 principle section 41 enforcement of imprisonment section 42 escape and speciality § 43 enforcement of fines § 44 enforcement of article 45 expiry orders enforcement of reparation orders section 46 jurisdiction, appeal to the Federal Court of Justice, assistance part 5 other legal aid § 47 principle section 48 postponement of registration § 49 jurisdiction § 50 court decision article 51 publication of goods § 52 seizure and search , Asset seizure § 53 personal appearance of witnesses article 54 temporary passing of § 55 temporary acquisition and shipment § 56 protection of persons § 57 deliveries section 58 official learned knowledge and information section 59 telecommunications monitoring and other measures without the knowledge of the persons concerned § 60 presence at MLA actions § 61 judicial hearings § 62 direct execution by the Court 63 introduction of German criminal proceedings part 6 outgoing requests for article 64 form and content of requests § 65 return section 66 temporary transfer for a German procedure § 67 conditions part 7 common rules § 68 69 federal jurisdiction German criminal proceedings and earlier criminal proceedings before the Court of Justice article 70 notification section 71 costs § 72 application of other rules of procedure section 73 restriction of fundamental rights part 1 scope § 1 scope (article 1, article 17, article 86 and article 34 of the Rome Statute) (1) of the International Criminal Court complemented the German criminal justice. The Federal Republic of Germany operates according to this law and the Rome Statute of the International Criminal Court (Rome Statute) of 17 July 1998 (BGBl. 2000 II p. 1393) together with the International Criminal Court.
(2) for the purposes of this Act, the word "Court" means the Court established by the Rome Statute, his presidency, his Chambers, his Prosecutor's Office, the firm and the members of these organs.
Part 2 transfer section 2 principle (article 89 para 1, article 91 para. 2 and 3 of the Rome Statute) (1) people, their transfer has requested the Court of Justice in accordance with the Rome Statute and who are in the country, be transferred to law enforcement and the enforcement of penalties in accordance with the Rome Statute and this Act.
(2) a transfer to the enforcement of penalties may be performed also by the direct transfer of the persecuted to the competent authorities of the State in which a custodial sentence imposed by the Court of Justice should be enforced (State of enforcement), in agreement with the Court of Justice.

Article 3 request for surrender and earlier criminal proceedings before the Court of Justice or in a foreign State (article 89 para 2 sentence 1 of the Rome Statute) contends the persecuted during the above deployment process, due to the fact, to have been which asked the Court to transfer, from the Court of Justice or the Court of a State acquitted or convicted, so the body on the opposite of the persecuted proffers this shall inform , immediately without prejudice to article 68 para 3 sentence 3 and 4, the public prosecutor at the Court of appeal. The Court of appeal is to the transfer procedures article 89 para 2 sentence 3 of the Rome Statute temporarily from, until the Court decides on the admissibility. The persecution is not transferred, if the Court decides that the conduct of criminal proceedings is not allowed.

Article 4 request for surrender and extradition requests (to article 90 of the Rome Statute) (1) requests a foreign State to extradite a person for an offence subject to the jurisdiction of the Court, can be taught by the position of the request of the Court of Justice. On request, a copy of the extradition request and the attached documents is submitted the Court, if the foreign State of transmission does not contradict the transmission not in contradiction to other international agreements.
(2) request that both the Court to transfer and a foreign State to extradite same person, will the Court and informed of the State of the other requests. Is requested for same offence to transfer and delivery, this is in the notification pursuant to sentence 1 to specify.
(3) the delivery upon receipt of the request of the Court of Justice to transfer was still not granted, the decision is notified back on this subject to paragraph 5 until a decision on the approval of the transfer. The decision, priority is given to the request, is governed by article 90 paragraph 2, 4 and 7 letter a of the Rome Statute.
(4) in the cases of referred to in article 90, paragraph 2 to 6 of the Rome Statute is reset after approval of the request for transfer until the final decision in the proceedings before the Court of Justice about the deeds of the transfer request based the decision on the grant of extradition.
(5) the Court of Justice in the case of article 90 para. 1 of the Rome Statute decided para 5 of the Rome Statute not within two months since the communication pursuant to article 90 on the admissibility a decision on granting the extradition can be issued if the other requirements are.
(6) in the cases of referred to in article 90 paragraph 6 and 7 letter b of the Rome Statute is the request of the Court, prioritised, if not taking into account the characteristics referred to in these terms the reasons that speak for the approval of the extradition request, clearly outweigh.
(7) the Court of Justice is informed in all cases about the decision on the extradition request.

§ 5 excess position documents (article 91 para. 2 and 3, article 111 of the Rome Statute) (1) the transfer to the Court of Justice is allowed only if the designated para 3 of the Rome Statute (transfer to the enforcement of penalties) para. 2 of the Rome Statute (transfer to law enforcement) or the in article 91 article 91 documents have been provided. Is invited to transfer to prosecute multiple acts, a certificate of the Court from which she resulting set fact the persecuted to the load is sufficient with regard to the further deeds instead of an arrest warrant. In the article 91 paragraph 2 documents referred to are letter c of the Rome Statute to represent the applicable provisions. In the case of provisions of the staff regulations, the indication of the designation of these provisions is sufficient.
(2) the implementation of the approved transfer to the enforcement of penalties to the executing State (§ 2 para 2) is allowed only if in addition to the article 91 para. 3 of the Rome Statute referred to documents 1 a certificate of the executing State, agrees with the enforcement of the resulting from the or a declaration of the of Justice of of court, according to the State of enforcement to the enforcement agrees, has been submitted to, and 2. the Court in the request or which he attached documentation with the handing over of the persecuted by the German authorities in the executing State has agreed.

§ 6 approval of the transfer the transfer must, except in the case of § 32, only be approved, if the Court has declared it admissible.

§ 7 substantive jurisdiction (1) the judicial decisions shall, as far as nothing else is determined, the Court of appeal. The decisions of the higher regional court are final.
(2) the public prosecutor's Office at the High Court prepared the decision on the transfer and performs the transfer of granted.

§ 8 territorial jurisdiction (1) fixed the higher regional court and the public prosecutor at the Court of appeal, in whose district taken the tracked for the purpose of the transfer or if a seizure does not occur, as first determined are responsible.
(2) be more persecuted should be transferred due to participation in same facts or in connection therewith, taken in the districts of various courts of appeal for the purpose of transfer or determined, so jurisdiction depends on which court or while still no Court of appeal is concerned, what public prosecutor at the Court of appeal was concerned with the thing first.
(3) as long as the stay of victims is not known, the jurisdiction is determined according to the seat of the Federal Government.

§ 9 investigation measures (article 59 paragraph 1 of the Rome Statute) (1) after receipt of a request of the Court to arrest and transfer under article 89 paragraph 1 of the Rome Statute or provisional arrest under article 92 para. 1 of the Rome Statute are measures for determining of the stay and taken to the arrest of the persecuted. The provisions of section 9a of the first book of the code of criminal procedure are applicable accordingly.
(2) the arrangement of individual search measures requires no separate request of the Court of Justice. The public prosecutor at the Court of appeal is responsible for the tender for the arrest.

§ 10 überstellungshaft (to article 59 paragraph 1 of the Rome Statute) after receipt of the arrest and the excess position er searching, which in the case of a transfer to the law enforcement in article 91 paragraph 2 of the Rome Statute or in the case of a transfer to the enforcement of penalties in article 91 para. 3 of the Rome Statute documents referred to annexed are, which is placed against the persecuted Überstellungshaft.

§ 11 preliminary Überstellungshaft (article 59 paragraph 1, article 92 of the Rome Statute) (1) a request of the Court in article 92 provisional arrest and that paragraph 2 of the Rome Statute are documents referred to, preliminary maps at Überstellungshaft. The warrant of surrender should be repealed if the persecution is 60 days for the purpose of transfer to prison since the day of the seizure or provisional arrest total, without a request from the Court to arrest and surrender, and that the staff regulations entered referring to above position documents in which according to article 68, paragraph 1 competent authority or the persecuted not has agreed this period with its simplified surrender (article 33).
(2) front entrance of an arrest - and excess position marker request or a request for provisional arrest provisional can be arranged Überstellungshaft, if the person of an act that may give rise to their transfer to the Court of Justice, is strongly suspected on the basis of certain facts and 1 there is a danger that the persecuted will elude the transfer procedures or the execution of the transfer or 2. on the basis of certain facts of the urgent suspicion is justified , that the persecuted will complicate the determination of truth in the proceedings of the Court or transfer procedures.
Against a persecuted sorely suspicious of committing a genocide (article 6 of the Rome Statute) or a crime against humanity (article 7 of the Rome Statute), allowed the preliminary are arranged Überstellungshaft also, if certain facts justify the danger that without arrest of the persecuted the enlightenment of the fact, that he is accused of, could be threatened by the Court of Justice. Through appropriate measures, it is to ensure that the competent authority can use the Court of Justice of the order of detention according to article 68, paragraph 1 after set 1 or set 2 in knowledge.
(3) the provisional transfer warrant is lifted pursuant to paragraph 2, if the Court of Justice explains, since the day of the seizure or provisional arrest total a month for the purpose of transfer to prison is a request not to want to make or the persecuted, without a request from the Court to arrest and transfer or provisional arrest in the after section 68, paragraph 1 competent authority has entered. With receipt of a request of the Court to arrest and transfer or provisional detention is set 2 in paragraph 1 deadline to apply.

§ 12 rendition warrant (1) the preliminary Überstellungshaft and the Überstellungshaft are arranged by written warrant (rendition warrant) of the Oberlandesgericht.
(2) in the arrest warrant of rendition is to lead 1 the persecuted, 2. the the persecuted to the load set fact, 3. the request and the excess position documents transmitted or in the case of section 11 subsection 2 sentence 1 or 2 Primer and the facts constituting it, as well as the facts, resulting from that, that the persecution of a fact, that give rise to transfer can , is highly suspicious.
(3) the transfer warrant is lifted if the request is withdrawn, the Court declares that the transfer request underlying this procedure before him is inadmissible, or explains the rendition to be inadmissible.

Article 13 provisional detention (1) are the requirements of a transfer warrant, as the public prosecutor's Office and the officials of the police service to the provisional arrest are entitled. Under the conditions of § 127 para 1 sentence 1 of the code of criminal procedure, anyone on the provisional arrest is entitled.
(2) if the persecution is arrested, the arrest is him so to communicate.
(3) a transfer warrant, he is the persecuted so to announce without delay. The tracked receives a copy.

§ 14 procedure after seizure on the basis of a transfer warrant (to article 59 paragraph 2 of the Rome Statute) (1) the persecution on the basis of a transfer warrant is taken, so he is immediately to show the judge of the next District Court no later than on the day after the seizure,.
(2) the judge of the District Court hears the persecuted immediately after the screening, the next day, about his personal circumstances, in particular about his nationality. He him indicates that he can operate in any position of the procedure of assistance (article 31) and that it is at liberty to the burden to express the fact or to not to testify to him. Then, he lectured the persecuted, that he may apply for the suspension of the execution of the warrant of surrender as well as contact at any time because of the arrest warrant of the Court at this and consulted, whether and, if necessary, for whatever reason he wants to raise him objections to the transfer; Section 41, paragraph 5, sentence 1 applies the appropriate. In the case of section 11 paragraph 2 extends the questioning on the subject of the charge; in other cases, the information makes the persecuted of this to record in the log is. If the Court asks for it, a copy of the Protocol is delivered to him.
(3) that 1 the taken is not the person referred to in the transfer warrant, 2. the surrender warrant is lifted or 3. the execution of the transfer warrant is exposed, results from the questioning, the judge at the local court arranges the release. The decision was made after consultation with the public prosecutor's Office at the High Court, which is responsible for deciding on the admissibility of the transfer.
(4) is repealed the transfer warrant or exposed to the full, so the judge at the District Court ordered that the persecuted noted until the decision of the Oberlandesgericht, if 1 the conditions of a new rendition warrant due to the fact or 2 reasons, to order the execution of the warrant of surrender.
The public prosecutor at the Court of appeal immediately causes the decision of the Oberlandesgericht.
(5) the persecuted requested the rendition warrant's put out full or it raises other objections that are not manifestly unfounded, against the arrest warrant of rendition, or against its enforcement or the judge at the local court has concerns about the maintenance of detention, it shall notify this without prejudice to the provisions of § 68 para 3 sentence 3 and 4 immediately of the public prosecutor at the Court of appeal with. The public prosecutor at the Court of appeal shall establish immediately the decision of the Oberlandesgericht. § 16 para 2 to 4 shall apply accordingly.
(6) the persecution against the transfer had no objections, informed him of the judge at the District Court about the possibility of the simplified transfer and their legal consequences (section 33) and then takes his declaration to log. Paragraph 2 is set 5 apply mutatis mutandis.
(7) the decision of the judge at the District Court is final.

The persecuted is arrested § 15 procedures for provisional arrest (1), so he is day after the arrest without delay, at the latest, to show the judge of the next District Court.
(2) § 14 paragraph 2 is to apply to the questioning of victims according to.
(3) results from the questioning, that the action is not the person, to which the request or the facts in accordance with § 11 paragraph 2 apply, the judge at the local court arranges his release. Otherwise, the judge at the district court orders that the persecuted to hold is up to the decision of the Oberlandesgericht. The public prosecutor at the Court of appeal shall establish immediately the decision of the Oberlandesgericht. the involvement of the Court depends on article 59 paragraph 4 to 6 of the Rome Statute. § 14 para 5 to 7 shall apply mutatis mutandis.

§ 16 detention decisions, suspension of the execution of the warrant of surrender (article 59 paragraph 4 to 6 of the Rome Statute) (1) the Court of Appeal decides on objections of the persecution against the arrest warrant of rendition, or against its full.
(2) the Court of appeal may suspend the execution of a transfer warrant issued on the basis of a request of the Court only under the conditions of laid down in article 59 para 4 of the Rome Statute. The execution of a transfer warrant issued under section 11, paragraph 2, sentence 1 and 2 may be suspended if less drastic measures offer the guarantee, that the purpose is the Überstellungshaft also achieved by them.
(3) before a decision is taken pursuant to paragraph 1 or paragraph 2, sentence 1 is be given the opportunity to comment on the Court. Any recommendations are according to article 59 paragraph 5 to consider sentence 2 of the Rome Statute. If a recommendation of the Court of Justice should be derogated from, opportunity to comment will be given again the Court setting out the reasons. Suspended the execution of the transfer warrant the Court on request about the State of play is informed.
(4) para 1 sentence 2, paragraph 4, §§ 116a, 123 and 124 par. 1, 2 sentence 1, para 3 of the code of criminal procedure shall apply section 116.

§ 17 detention is the persecuted in Überstellungshaft or in preliminary Überstellungshaft, the Court shall decide on a suspension of the execution of the warrant of surrender if the persecution is two months for the purpose of transfer to prison since the day of the seizure, the provisional arrest or the final decision relating to the implementation of the transfer warrant a total. The detention will be reviewed after two months. The Court of appeal may order that the detention is carried out within a shorter period. § 16 par. 2 and 3 shall apply accordingly.

§ 18 full of custody (1) for the preliminary Überstellungshaft, the Überstellungshaft and the detention on the basis of an order of the judge at the District Court, the rules of the code of criminal procedure, the Penal Execution Act and, as far as the persecuted is an adolescent, the Juvenile Court Act on the enforcement of pre-trial detention.
(2) the public prosecutor at the Court of Appeal determines the institution in which the persecution is to be kept.
(3) the Chairman of the responsible Senate of the Oberlandesgericht meets the judicial orders.

§ 19 interrogation of the persecuted (1) after receipt of the arrest - and excess position er searching the higher regional court hears the persecuted if he not has agreed with a simplified rendition (§ 32).
(2) the Court of Appeal hears the persecuted on his personal relationships, in particular about his nationality. § 14 para 2 sentence 2 and 3 shall apply mutatis mutandis. To the subject of the accusation of persecution is to hear if the public prosecutor at the Court of Appeal applied this; in other cases, the information makes the persecuted of this to record in the log is. § 14 para 2 sentence 5 and paragraph 6 shall apply mutatis mutandis.

Article 20 the persecuted with the simplified surrender (§ 32) has agreed admissibility procedure (1), so the public prosecutor at the Court of Appeal applied the decision of the Oberlandesgericht, whether the transfer is allowed.
(2) the excess position documents to assess the admissibility of the transfer are not sufficient, so the higher regional court decides only when opportunity has been given the Court of Justice to produce additional documents.
(3) the Court may hear the persecuted. It can collect other evidence about the admissibility of the transfer and conduct a hearing. Nature and extent of evidence determines the higher regional court without being bound by applications, waivers, or previous decisions.

Conducting the oral proceedings (1) by location and time of the hearing are section 21 to notify the public prosecutor at the Court of appeal, the persecuted and his assistance (article 31). A representative of the public prosecutor at the Court of appeal and the ordered support of persecuted must be present at the hearing. The presence and the suggestion of questions may be permitted members of the Court of Justice and the defender of the persecuted in the proceedings before the Court of Justice.
(2) the persecution is in detention, he is so to demonstrate, unless he has waived the presence at the hearing or that disease, deliberately induced negotiating inability to vertretendes absence due to disorderly behaviour or any other of the persecuted, not to eradicate obstacles oppose the demonstration.
(3) the persecution on the loose, is so the Court arranges regularly his personal appearance, if not weighty reasons against the arrangement. Does not appear correctly loaded the tracked and his absence is not excused, so the Court of Appeal ordered the demonstration and provides the necessary measures to ensure a later rendition.
(4) at the hearing, the Parties present can be heard. Of the proceedings, a log is to record. § 14 para 2 sentence 5 shall accordingly apply.

§ To justify 22 decision on admissibility is the decision on the admissibility of the transfer. He is made known to the public prosecutor at the Court of appeal, the persecuted and his counsel (article 31). The tracked receives a copy.

Article 23 further decision on admissibility (1) appearance after the decision of the higher regional court on the admissibility of the transfer a circumstances which are suitable to justify a different decision on the admissibility, the Court of Appeal decides officio, at the request of the public prosecutor at the Court of appeal, or at the request of the persecuted again on the admissibility of the transfer.
(2) circumstances become known after the decision of the Oberlandesgericht, designed to justify a different decision on admissibility, the Court of appeal may decide again on the admissibility of the transfer. Paragraph 1 shall apply mutatis mutandis.
(3) paragraphs 1 and 2 are accordingly applicable in the case of the consent of the victims with its simplified rendition with the proviso that the Declaration of consent of the people persecuted by the simplified transfer takes the place of the decision of the Oberlandesgericht.
(4) paragraph 3, §§ 21, 22 shall apply section 20.
(5) the Court may order the suspension of the transfer.

§ 24 prison to carry out the transfer of the execution of a transfer warrant is exposed, so the higher regional court arranges the enforcement of approval of the transfer, if not weighty reasons against the detention and surrender otherwise is guaranteed.

§ 25 specialty (to article 101 of the Rome Statute) (1) who can Court accordance with article 101 paragraph 2 of the Rome Statute DST one on him and persecuted because other acts than those, which approved the transfer, prosecute, punish or impose a restriction of his personal freedom, insofar as the acts are subject to its jurisdiction.
(2) a foreign State challenges the admissibility of criminal proceedings before the Court of Justice successfully under article 19 in conjunction with article 17 paragraph 1 letter a of the Rome Statute, and the Court then, intends to pass the people persecuted by the authorities of that State, paragraph 1 is not applicable. In this case, the Court is being asked to return of the victims immediately. The provisions of the extradition law apply for further proceedings.
(3) also, paragraph 1 does not apply where a foreign State requests the Court of Justice, the State in whose territory the Court has its seat (host State, article 3 of the Rome Statute), or the State of enforcement to extradition, temporary extradition, deportation or other movement within its jurisdiction to the prosecution or enforcement of a sentence or other penalty. The Court is being asked to return of the persecuted, if otherwise the observance of the rules of extradition law in relation to the requesting State can not be ensured.

Article 26 of transfer request after previous delivery (1) is the delivery of a persecuted to a foreign State and requested the Court to consent to the prosecution or the enforcement of a sentence, so permission is granted if 1 has been proven, that the persecution had the opportunity to comment on the request and the Court of Appeal decided that the transfer would be permitted due to the fact , or 2 has been proven, that the persecuted which has agrees to log of a judge of the Court of Justice or of the State, to which he was delivered, with the tracking or the penalty, and due to the fact the transfer would be permitted.
Same fact to reason, is the request from the Court indicated this.
(2) for the procedure to apply article 20 par. 1 with the proviso that takes the place of the consent of the people persecuted by the simplified transfer his consent within the meaning of paragraph 1 sentence 1 No. 2, as well as article 20 para 2 and 3 sentences 2 and 3, § 21 para 1, 2 sentence 2, para 4, § § 22, 23 par. 1 and 2 accordingly. Responsible for the judicial decision referred to in paragraph 1 sentence 1 No. 1 is the Court of appeal, which was responsible in the extradition procedure to decide on the admissibility of the extradition.
(3) if the delivery is not performed, so approval is granted upon request of the kind referred to in paragraph 1, when the transfer to the Court of Justice would be allowed due to the fact. Paragraph 1 sentence 2 is apply mutatis mutandis. You apply the procedure of articles 19 to 23, according to.

§ 27 temporary surrender (article 89 para. 4 of the Rome Statute) (1) the approved transfer is postponed because domestically against the persecuted a criminal case is run or to enforce a sentence or a custodial measure of improvement and assurance, so the persecution can be temporarily transferred if the Court backs up to it to a certain point in time back to surrender.
(2) on the return of the victims can be omitted.
(3) is in the process, America postponed the transfer term of imprisonment or a fine was imposed, so she credited suffered detention on it in proceedings before the Court of justice until the return or to give up the return. Is the transfer of postponed was because term of imprisonment is enforced against the persecuted, rate is 1 in accordance with.
(4) the body responsible for the deduction under paragraph 3 determines the scale after hearing the public prosecutor at the Court of appeal in its discretion. You can arrange that credit is wholly or in part 1 which wholly or in part to one of him suffered detention imposed by order of the Court of Justice or to supersedes punishment has been calculated or 2 credit in terms of the behavior of the persecuted is not justified after the handover.

§ 28 German criminal proceedings and transfer request (1) is run against the persecuted in domestic criminal proceedings for an offence referred to in article 5 of the Rome Statute and has the Court of Justice against the Federal Department of Justice and consumer protection or otherwise according to article 68, paragraph 1 competent authority declared to request, in the case of a setting of the German criminal proceedings for transfer of the persecuted may waive the prosecution a persecution of the Act , if this appears necessary from special to the prosecution of domestic speaking for reasons of public interest. Public action is already raised, so the Court on request of the public prosecutor's Office sets preliminary criminal procedure in each location. The decision to approach the Court for a declaration within the meaning of sentence 1 is competent pursuant to § 68 para 1.
(2) is against the persecuted the preliminary Überstellungshaft arranged according to § 11 paragraph 2 has been and has the Court is not requested within the period provided for in article 11 par. 3 to provisional detention, the process is resumed. The procedure will also resume if against the persecuted on the basis of a request for provisional arrest pursuant to section 11, subsection 1, sentence 1 the preliminary Überstellungshaft has been ordered and the Court is not requested within the period according to § 11 para 1 sentence 2 to arrest and transfer. The Court temporarily stopped the process, needed to resume a court decision. A previous recovery does not preclude a renewed setting referred to in paragraph 1.
(3) the decision on the discontinuance of the proceedings and the decision on the resumption of the procedure are final.
(4) on the costs and necessary expenses is to decide after the final conclusion of the proceedings before the Court of Justice. The sections 464 to 473 of the criminal procedure code shall apply mutatis mutandis.

§ 29 publication of items in the transfer procedure (1) In connection with a transfer objects can are issued to the Court without special request according to § 51, 1 as evidence for proceedings before the Court of Justice can serve or 2 that the persecuted or a party directly or indirectly by the Act, which the transfer was granted, or as remuneration for such items may have gained.
(2) the publication is permitted only if it is ensured that third party rights remain unaffected and subject to published items on request is immediately returned.
(3) under the conditions of paragraphs 1 and 2 items can also be issued if approved transfer actual reasons can not be carried out.
(4) concerning the permissibility decision publication on objections of the persecuted, at the request of the person who claimed making public prosecutor at the Court of appeal or on application, he would be by issuing his rights violated, the Court of appeal. The higher regional court declared the publication to be admissible, so it may be one who has applied for his decision that the Treasury impose costs. The publication may not be granted if the Court of appeal has declared them inadmissible.
(5) insofar as to issuing items contain personal data of the victims, is in the publication to point out that the data may be used only to fulfil the tasks entrusted to the Court of Justice according to the Statute. More personal data of a third party are so connected with the personal data of the victims that a separation not or possible only with unreasonable expense, the delivery of this data is permitted, as far as not legitimate interests of victims or a third party to whose secrecy obviously outweigh.

Section 30 also already objects, whose publishing to the Court considering comes, can, seizure and search (1) front entrance of excess position er search, seized or otherwise be ensured. Also a search can be made for this purpose.
(2) the higher regional court of competent for the transfer procedure is responsible for the arrangement of the measures referred to in paragraph 1. It is responsible for the alignment of measures with regard to items located outside his district. Section 7, subsection 1, sentence 2 and paragraph 2 shall apply mutatis mutandis.
(3) in the case of danger in delay, the public prosecutor's Office and their investigation persons (§ 152 of the courts Act) are according to the regulations of the code of criminal procedure empowered to order the seizure and the search.

Assistance (1) who can tracked section 31 to themselves in any position of the procedure of an adviser.
(2) § the persecuted who chose no assistance yet, 14 at the latest after his first interrogation after ordering is paragraph 2 in conjunction with § 15 para 2, an attorney as counsel.
(3) the provisions of the 11 section of the first book of the code of criminal procedure with the exception of the local sections 140, 141 para 1 to 3 and § 142 paragraph 2 shall apply mutatis mutandis.

§ 32 simplified surrender (article 92 para 3 sentence 2 of the Rome Statute)
(1) the transfer of a person, against whom a transfer warrant is and whose arrest and transfer or whose provisional detention the Court asked may be granted without carrying out the formal parent deployment procedure if the persecuted has agreed after instruction to judicial Protocol with this simplified rendition.
(2) the consent may not be revoked.
(3) at the request of the public prosecutor at the Court of appeal, lectured the victims about the possibility of the simplified transfer and their legal consequences (paragraphs 1 and 2) in the cases of sections 14 and 15 of the judges at the District Court, in addition the higher regional court and then takes his declaration to log. The judge at the District Court in whose district the persecuted is responsible.

Section 33 invocation of the Federal Supreme Court (1) holds for offered, the higher regional court of a decision of the Federal Supreme Court to clarify a question of law of fundamental importance, or wants to depart from a decision of the Federal Supreme Court or decision of other higher regional court on a question of law relating to the transfer with the International Criminal Court's, so it justifies his opinion and catches up with the decision of the Federal Court of Justice on the legal issue.
(2) also, the decision of the Federal Supreme Court is obtained if the Attorney General or the public prosecutor at the Court of appeal requests to clarify a question of law.
(3) the Federal Court gives opportunity to submit its observations the persecuted. The decision is taken without oral proceedings.
Part 3 transit § 34 principle (article 89 (3) of the Rome Statute) people, the State tracked on the Court of Justice should be transferred (State of transfer of) or the executing State has requested, from the to their transit of the Court or with the consent to prosecution or promoted to the enforcement of penalties in accordance with the Statute and this Act by the Federal territory.

§ 35 through transport documents (article 89 (3) of the Rome Statute) (1) a transit to the Court pursuant to article 89 para. 3 of the Rome Statute to the prosecution or enforcement is only allowed on its request, if in article 89 para 3 letter b digits i documents referred to have been submitted to iii of the Rome Statute.
(2) for a transit to the executing State must be in addition to the article documents referred to 89 par. 3 of the Rome Statute a certificate of the executing State which agrees with the penalty imposed by the Court of Justice is or a declaration of the Court of Justice, according to the State of enforcement to the enforcement agrees, be submitted.
(3) invites the State of rendition to transit to the Court or the State of enforcement to transit to the enforcement of a sentence imposed by the Court of Justice, a statement of the Court in addition to in paragraph 1 and in transit to the executing State in addition to the documents referred to in paragraph 2 to attach's, agrees with the request arises from the.

36 jurisdiction (1) the judicial decisions shall be adopted by the Court of appeal. Section 7, subsection 1, sentence 2 and paragraph 2 shall apply mutatis mutandis.
(2) the higher regional court, in whose district the first stopover will take place is 1 in the case of transit operations on land or by sea jurisdiction the Court of appeal, in whose district the persecution likely to will be transferred within the territorial scope of this Act 2. in the case of transit by air.
(3) a jurisdiction referred to in paragraph 2 No. 2 unfounded, the Oberlandesgericht Frankfurt am Main is responsible.

§ 37 through promotion procedures (article 89 paragraph 3 letter c of the Rome Statute) (1) the transit is allowed, as the persecuted for their protection in prison.
(2) arrest is ruled by written warrant (through warrant carriage) of the Oberlandesgericht. Article 12 par. 2, article 20, paragraph 2 shall apply accordingly.
(3) transit may only be granted if a carriage through arrest warrant has been issued.
(4) the transport through warrant is immediately after his arrival in the country to announce the persecuted. The tracked receives a copy.
(5) transit can be completed is expected until the end of the day following the transfer, without delay, to show the judge of the next District Court not later than on the day after his arrival in Germany, the persecuted. The judge at the District Court hears him about his personal circumstances, in particular about his nationality. He him indicates that he is the procedure of an adviser can operate in any position and that it is at liberty to the burden to express the fact or to not to testify to him. Then he questioned him whether and, where appropriate, for whatever reason he wants to raise objections against the carriage through warrant or against the admissibility of transit. § 14 paragraph 5 and article 16 shall apply mutatis mutandis.
(6) paragraphs 1, 2 and 5, § 33 shall apply article 12 par. 3, sections 18, 23. section 17 also applies with the proviso, that a period of one month shall be replaced within two months. section 31 applies with the proviso, a counsel is to order 1 because of the difficulty of the factual or legal issues is the participation of a procurator or 2. evident is that the persecuted can not even sufficiently exercise his rights.
(7) the objects acquired during a transit can are issued simultaneously with the transfer of the persecuted without special request.

Section 38 multiple transit (1) has been granted the first transit to the handing over of the persecuted to the Court, so can the persecuted on a request which makes reference to the documents submitted on the occasion of the first transit through promoted without further approval decision also to the enforcement of a sentence imposed by the Court of Justice to hand over to the executing State, if a certificate of the executing State, which agrees with the penalty imposed by the Court of Justice , or a declaration of the Court of Justice, according to the State of enforcement to the enforcement agrees, has been submitted. Sentences 1 and 2 is also applicable for the other promotion cases.
(2) in the case of paragraph 1, the through transport warrant to the other transport cases is to extend.
(3) paragraph 1 and 2 is applicable in case a return following a previous temporary transfer to the State of rendition, according to, if the later return with the first transit was visible.

§ 39 unforeseen layover (article 89 paragraph 3 point (e) of the Rome Statute) (1) In case of an unexpected stopover in the domestic the body shall inform the first known the layover and which operates on the basis of this Act will delay the Court of Justice and the competent under article 68, paragraph 1 instead of the stopover. The competent body under article 68, paragraph 1 asks the Court to a transit application pursuant to article 89 paragraph 3 point (b) of the Rome Statute. The public prosecutor's Office and the officials of the police service are entitled to the provisional arrest.
(2) the persecuted is immediately to demonstrate the judge of the next District Court not later than on the day after the arrest. He is to dismiss, if 96 hours have passed since the unexpected stopover unless the requested State and the through transport documents in which according to article 68, paragraph 1 competent authority are gone from this prison.
(3) in addition sections 35 to 37, according to, they are applicable.
Part 4 legal assistance through the enforcement of judgments and orders of the Court of Justice § 40 principle is mutual legal assistance made by a penalty imposed by the Court of Justice legally in accordance with the Rome Statute, as well as this law. Enforced also orders the revocation are point (b) of the Rome Statute, as well as decisions under article 77 paragraph 2 according to article 75 of the Rome Statute.

Section 41 enforcement of prison sentences (to article 77 paragraph 1, article 103 para 1 and 2, article 105, article 106, article 110 of the Rome Statute) (1) imprisonment be enforced, if the Court by presenting the full legally binding and enforceable insights to the guilty verdict and the sentence it has requested 1 and the Court of Justice and the competent under article 68, paragraph 1 point over the transfer of the enforcement of the agreed 2..
A declaration of the Court of Justice on the part of the sentence to be enforced must be on transfer of the sentenced person.
(2) the term of imprisonment is executed in the amount notified by the Court of Justice. The provisions of the Penal Code to the suspension of execution of the remainder of early or lifelong imprisonment (articles 57-57b of the Penal Code) and the code of criminal procedure for the execution of a custodial sentence shall not apply. The enforcement is to terminate if the Court of Justice shall inform.
(3) at the request of the Court, the offender is again the Court or one of the him pass designated State. Unless expressly tells the Court that the condemned man to release is, he is held up to the handover to the Court or the authorities of the State designated by the Court in custody. Calls on the Court at a later date to continue the enforcement of a sentence already partially executed in Germany, needed a new transmission which in paragraph 1 No. 1 documents not described. Paragraph 1 sentence 1 No. 2 and sentence 2 shall apply accordingly.
(4) for the decisions to be taken on the occasion of the enforcement of the sentence, including pardon, retrial and reduction of the sentence by the Court of Justice, as well as other decisions that can bring a stay of the judgment outside the institution, in which the sentenced person is located, without guarding to the Court of Justice is responsible. If circumstances arise which is a reprieve, temporary suspension, interruption of enforcement, a reticle of the enforcement, an imputation on the case of imprisonment or execution arrangements which would allow a stay outside the full device without guard under German law to bring about the decision of the Court of Justice. The enforcement of the penalty also varies according to German regulations and corresponds to the enforcement of sentences imposed by German courts because of similar actions. The provisions of the Prisons Act about the appeal process and the judicial process does not apply as far as the Court of Justice to decide on enforcement is responsible.
(5) traffic between the sentenced person and the Court is unimpeded and confidential. At the request of the Court of Justice, members of the Court of Justice is granted access to the full establishment. Who had sentenced objections against the enforcement of the penalty or he makes proposals, the Court is called on to decide, the decision of the Court is obtained.
(6) costs on the occasion of the enforcement be borne by the Federal Government according to an agreement to be concluded with the countries. This does not apply, costs are covered by the staff regulations or other provisions by the Court of Justice.

Section 42 escape and speciality (to article 108, article 111 of the Rome Statute) (1) the offender escapes or he otherwise defies the law enforcement, issues arrest warrant to the competent body under article 46, paragraph 1, and shall take the other measures which are necessary for determining the stay and on the arrest of the persecuted. Ordering individual investigation measures requires any request of the Court of Justice. § 31 para 2 sentence 1 of the registrars Act shall apply mutatis mutandis. The Court is immediately informed by the escape; In addition, the procedure is referred to in article 111 of the Rome Statute.
(2) the prosecution of acts, the offender committed prior to his surrender to the German authorities, or the enforcement of a custodial sentence imposed before the transfer or detention order of improvement and assurance may be subject to the provisions of article 108 (3) of the Rome Statute only with the consent of the Court.
(3) invites a foreign State for extradition, temporary extradition, deportation or other movement within its jurisdiction to the prosecution or enforcement of a sentence or other penalty, so the approval may be granted, if the Court of Justice, subject to the provisions of article 108 (3) of the Rome Statute, previously has agreed to the extradition is admissible according to the delivery rules applicable in relation to the requesting State.

§ 43 enforcement of fines (article 77 para 2 1(a), article 109 paragraph 1 of the Rome Statute) (1) fines be enforced, if the Court by presenting the full legally binding and enforceable insights to the guilty verdict and the sentence it has asked 1st and 2nd in the request is specified, is up to what amount to enforce the fine at home, unless the Court asked several countries to the monetary penalty.
As far as the height to be enforced which is fine in a currency other than euro specified, is officially fixed on the date of receipt of the request for conversion rate basis to lay for the conversion.
(2) the judicial recovery provisions apply for the enforcement of fines, unless the law States otherwise.
(3) the financial penalty is due upon receipt of the request. On the interpretation of guilt or the penalty saying that the calculation of the approved penalty, objections against the admissibility of the execution or if the conditions of section 459a of code of criminal procedure exist according to German law, the decision of the Court is to bring about. The progress of the execution of this not inhibited; the competent body under article 46, paragraph 2 can postpone the execution however or interrupt. More enforcement at a later date is suitable measures to ensure; for this purpose, the search of the person sentenced, whose houses and objects, as well as the seizure of objects are allowed.
(4) the sections 459 are accordingly applicable b and 459 c para 2 and 3 of the code of criminal procedure. The result of enforcement is communicated to the Court of Justice and the driven to fine him transferred.
(5) where the Court for recovery of the money penalty extended the prison sentence imposed on the offender for an offence referred to in article 5 of the Rome Statute, or for recovery, one for an offence referred to in article 70 imposed para 1 of the Rome Statute sets to fine a sentence, apply to the enforcement of the imprisonment of the sections 41 and 42.

§ 44 enforcement of foreclosure orders (to article 77 paragraph 2 point (b), article 109 paragraph 2 of the Rome Statute) (1) orders under article 77 paragraph 2 point (b) of the Rome Statute (foreclosure orders) be enforced, if the Court by presenting the full legally binding and enforceable insights to the guilty verdict and the sentence it has requested 1 and 2 the eligible items at home are taking up.
(2) for the enforcement, the court orders the forfeiture of the goods. § 73 para 2 to 4, Article 73a and 73B of the Penal Code shall apply section.
(3) if the foreclosure of an object is arranged, the ownership of the goods or the expired law with the approval of legal assistance through the after section 68, paragraph 1 way competent body on the Court of Justice, if it affected at that time to the arrangement. Before granting the order acts as lock-up obligations within the meaning of section 136 of the civil code; the prohibition includes other provisions as disposals. Items whose Verfall has been ordered, are issued after granting of legal assistance to the Court.
(4) as far as the foreclosure order of the Court made a decision with regard to the rights third parties, it is binding, unless 1 who was third to make obviously not sufficient opportunity to exercise his rights, the decision is 2. incompatible with a civil law decision on the same matter in the domestic, or 3 refers to the decision on third-party rights to a plot of land located in the domestic or legal; third party also flags belong to the right.
One of the cases of sentence 1 exists, opportunity to comment is to give the Court of Justice in the procedure of § 68 para 1. Rights of third parties on the subject remain to the extent provided for by the Statute. Third parties who could claim the the circumstances of the case after rights to the item, will have opportunity to comment, as far as they could express themselves not already before the Court before the decision. You can operate in any position of the procedure of an adviser.
(5) where a subject on the basis of a request by the Court of Justice is the arrangement of decay into account, he can be seized for securing of the foreclosure process. Also a search can be made for this purpose. The jurisdiction is determined according to § 46 para 3. In addition, the §§ 111 shall apply until 111 h and 111 l b of the code of criminal procedure according to. § 111 k finds appropriate application under the proviso that the opinion of the Court is obtained before a publication to the injured; the publication is omitted, if in its opinion, the Court of Justice is ready to pronounce against them.

Article 45 enforcement of reparation orders (article 75 para 2, article 109 of the Rome Statute) compensation arrangements which are set on the payment of a sum of money, be enforced, if the Court by presenting the full legally binding and enforceable insights to the guilty verdict and the sentence, as well as the arrangement pursuant to article 75 of the Rome Statute that has requested 1 and 2 in the request is specified , up to which amount the compensation arrangement in the domestic to enforce, unless the Court asked several States to enforcement.
In addition, enforcement depends on § 43.

Article 46 responsibility, invocation of the Federal Court, counsel
(1) competent German authority for the enforcement of prison sentences of the Court (paragraphs 41 and 42) is the public prosecutor at the Court of appeal, in which the establishment is located, where the offender is in custody.
(2) the public prosecutor's Office at the High Court, in whose district the offender habitually takes up residence in the absence of such is responsible for the enforcement of financial penalties according to § 43 and reparation orders under section 45. Can a domicile or habitual residence do not realize the public prosecutor at the Court of appeal is responsible, in whose district are taking up items of the person sentenced. Items are located in the districts of various courts of appeal, so the jurisdiction depends on which public prosecutor's Office was concerned with the thing first. As long as a jurisdiction cannot be determined according to sentence 1 to 3, the jurisdiction is determined according to the seat of the Federal Government. The Court of appeal meets the required court orders. The decisions of the higher regional court are final.
(3) the Court of appeal apply the court orders required for the execution of a foreclosure order of the Court (section 44). Paragraph 2 set of 6 shall apply mutatis mutandis. The public prosecutor's Office at the High Court prepares the decision. The higher regional court and the public prosecutor at the Court of appeal, in whose district the object is situated have jurisdiction. Items are located in the districts of various courts of appeal, so the jurisdiction depends on which court or while still no Court of appeal is concerned, which Prosecutor was first concerned with the thing. As long as a jurisdiction cannot be determined according to sentence 2 or sentence 3, the jurisdiction is determined according to the seat of the Federal Government.
(4) for the procedure before the Court of appeal, section 20 para 2 and 3, article 21, paragraph 1 and 4, articles 22, 23, 29 para 4, § 33 and the provisions of the 11 section of the first book of the code of criminal procedure with the exception of the local sections 140 to 143 shall apply mutatis mutandis. Article 31 shall apply mutatis mutandis with the proviso that any assistance is to order if 1 because of the difficulty of the factual or legal issues is the participation of a procurator or 2. evident is that the persecuted can not even sufficiently exercise his rights.
Part 5 other legal aid § 47 principle (article 93 paragraph 1, article 96 paragraphs 1 and 2 of the Rome Statute) (1) subject to section 58, paragraph 2 other legal assistance is provided in accordance with this Act and the Rome Statute the Court at the request.
(2) legal aid within the meaning of paragraph 1 is any assistance, granted to the Court of Justice in its work on the basis of the Rome Statute regardless of whether the legal aid Act by a court or a public authority to make is.
(3) the competent authority for the grant of legal aid considers the requirements for the performance of legal assistance for, the authority responsible for the performance of legal assistance thereto is bound. § 50 shall remain unaffected.
(4) the treatment of competing requests for other legal assistance according to article 93 para 9 letter a of the Rome Statute. As far as article 90 of the Rome Statute to apply, corresponding to article 4 applies.

Section 48 postponement of execution in the cases of article 93 may para 3 to 5, 9 letter b, article 94 (1) and article 95 of the Rome Statute the execution be postponed until is established, as in accordance with the Roman Statute continue to proceed in relation to the request.

Paragraph 49 jurisdiction (1) as far as the legal assistance is provided by a public prosecutor, is locally the prosecutor responsible, in whose district the legal aid Act is. Mutual legal assistance acts are in the districts of different public prosecutor's offices to make, so the jurisdiction depends on which the competent public prosecutors was first involved in the thing. As long as a jurisdiction cannot be determined after set 1 or set 2, the jurisdiction is determined according to the seat of the Federal Government.
(2) the provisions of paragraph 1 is correspondingly applicable to the jurisdiction of the courts, as far as judicial acts for the performance of legal assistance required or other judicial decisions to be taken.
(3) responsible for the judicial decision on the publication of objects according to § 50 para 1 sentence 2, for the arrangement of a seizure and search items (§ 52 para 1 and 2) and asset seizure (section 52 para. 4), for the custody decisions in the case of a temporary transfer (§ 55 section 1) and a shipment (§ 55 para. 6) as well as for the court orders in the case of a lawful interception (article 59 paragraph 1) and a measure without the knowledge of the person concerned (article 59 paragraph 2) is the Court of appeal. The higher regional court in whose territory the body is established which is to make the legal aid Act is jurisdiction in the case of a temporary takeover. In the case of a shipment, § 36 para takes 2 and 3 apply.
(4) as far as the jurisdiction of the Oberlandesgericht is justified, prepared the public prosecutor at the Court of Appeal's decision and shall take the measures necessary for their implementation. She is also responsible for the arrangement and conduct a temporary transfer (article 54), the preparation of the decision on the approval of the publication of objects and the implementation of the approved release. In the case of a temporary transfer, the public prosecutor at the Court of appeal is jurisdiction, in whose district the detention is carried out.

§ 50 judicial decision (1) mutual legal assistance may be granted only in the cases of § 52 para 1, 2 and 4, article 55, para. 1 and 6, article 59, paragraph 1 and 2, if the Court of appeal has adopted the measures necessary for the implementation of actions. The higher regional court decides also on the admissibility of the publication of objects at the request of the person who claimed making public prosecutor at the Court of appeal or on application, he would be hurt by the publication of his rights. The decisions of the higher regional court are final.
(2) for the procedure before the Court of Appeal considered article 20 para 2 and 3, article 21, paragraph 1 and 4, § § 22, 29 para 4 sentence 2, article 31, paragraph 1, § 33, and the provisions of the 11 section of the first book of the code of criminal procedure with the exception of the local sections 140 to 143 accordingly. § 23 ABS. 1, 2 and 4 with the proviso applies for further proceedings, that at the point of the application referred to in article 23, paragraph 1 of the persecuted the application of of an action according to § 52 para 1, 2 or 4 interested parties occurs and regardless of the existence of the prerequisites of § 23 para 1 and 2 also at the request of the person concerned a further decision on the completion of the legal aid Act is , if affected parties prior to the first arrangement of the measure has not been heard.
(3) If a court other than the Court of appeal for the performance of legal assistance is responsible and it keeps the requirements for the performance of legal assistance for omitted, so it justifies his opinion and catches up with the decision of the Oberlandesgericht. The higher regional court decides also on request of the public prosecutor at the Court of appeal, whether the conditions for the performance of legal assistance are given. Legal aid may not be granted if the Court of appeal has decided that the conditions for the performance of legal assistance are not available. The decision of the higher regional court is binding for the courts and authorities, who are responsible for the performance of legal assistance.
(4) for the procedure before the Court of appeal section 20 para 2 and 3, article 21, paragraph 1 and 4, §§ 22 apply 23 para, 1, 2 and 4, article 29, paragraph 4, sentence 2, article 31, paragraph 1, article 33 and the provisions of the 11 section of the first book of the code of criminal procedure with the exception of the local sections 140 to 143, according to.

§ 51 publication of objects (1) without prejudice to the provision of § 58 paragraph 3 items are issued at the request of a competent authority of the Court 1 as evidence for proceedings before the Court of Justice can serve, the one 2nd from the Court of Justice for a crime of victim of persecution subject to its jurisdiction or an actor can have obtained directly or indirectly by this Act, or as remuneration for such items.
(2) the publication is allowed if 1 a decision of a competent authority of the Court, that paragraph orders the seizure of objects or freezing within the meaning of article 93 1 letter k of the Rome Statute, and 2 ensure that affect third-party rights and subject to published items on request is immediately returned.
(3) if the disposal out items contain personal data of the victims, is in the publication to point out that the data may be used only to fulfil the tasks entrusted to the Court of Justice according to the Rome Statute. More personal data of a third party are so connected with the personal data of the victims that a separation not or possible only with unreasonable expense, the delivery of this data is permitted, as far as not legitimate interests of victims or a third party to whose secrecy obviously outweigh.

Article 52 also already objects, whose publishing to the Court considering comes, can, seizure and search, asset seizure (1) prior to receipt of the request for surrender, seized or otherwise be ensured. Also a search can be made for this purpose.
(2) objects can be under the conditions of § 51 para 1 No. 1 even confiscated or otherwise ensure, if this is necessary for the execution of a request not to release of the items addressed. Paragraph shall apply accordingly 1 sentence 2.
(3) without prejudice to the provisions of § 49 para 3 and 4 are the public prosecutor's Office and their identifying persons (§ 152 of the courts Act) at the imminent danger have the power to order the seizure and the search according to the regulations of the code of criminal procedure.
(4) irrespective of the existence of the prerequisites of § 51 para 1 No. 1 or 2 can be at the request of the Court that is in domestic assets or individual assets of a person against for an offence pursuant to article 5 of the Rome Statute has been the indictment confirmed (article 61 of the Rome Statute) or a warrant issued (article 58 of the Rome Statute), with fittings. § 51 para 2 takes no. 1 application. The seizure includes also the wealth that later falls to the accused. Paragraph shall apply accordingly 1 sentence 2.
(5) without prejudice to the provision of § 49 para 3 and 4 the public prosecutor's Office at the imminent danger may order provisionally the seizure pursuant to paragraph 4. A provisional arrangement shall cease to force pursuant to sentence 1, if it is confirmed within three days by the Court.
(6) the seizure is lifted pursuant to paragraph 4 at the request of the Court, but at the latest after the Court associate the seizure became aware of it, that the arrest warrant was lifted or the procedure at first instance is completed. Paragraph 2 of the code of criminal procedure find the §§ 291, 292 and 293 of a seizure after paragraph 4 or paragraph 5.

Personal appearance of witnesses (1) the Court of Justice to personal appearance of a person located in the country at large, as a witness to the interrogation, the confrontation or taking an inspection requested article 53, the Feuerbach can be arranged so that could be imposed by a German court or a German public prosecutor's Office in the case of cargo.
(2) where the Court of justice by ensuring a person, not to use her testimony, the information of the person may cannot be used without their consent to the extent of the assurance of the Court of Justice in a German criminal case. Statements made to the Court of Justice may also cannot be used without the consent of the person in a German criminal case, if the person was obliged to provide information to the Court, she would refuse the information under German law but.

§ 54 temporary transfer (to article 93 paragraph 1 and 7 of the Rome Statute) who is inland located in examination or imprisonment or is due to the arrangement of a detention order of the recovery and backup, is at the request of the Court of investigation guided there against someone else or a there pending against another procedure for an evidence-gathering or other article 93 paragraph 7 letter a sentence 1 of the Roman Statute intended the Court or the authorities of a State designated by the Court temporarily passed, if 1 he is according to instruction for the record of the judge at the District Court in whose district the establishment where he is kept, has agreed, not 2 can be expected, that the purpose of the criminal proceedings or the enforcement of penalties will be affected as a result of the transfer, 3 is guaranteed, that the person concerned during the time of his surrender with the exception of measures in relation to actions pursuant to articles 70 and 71 of the Roman Statute not punished, subjected to sanctions imposed by other or prosecuted by measures that can be taken, not even in his absence is and that in the case of his release must leave the host State or the State designated by the Court, and 4 is ensured that affected parties immediately after the taking of evidence back to is passed, unless, that is have been waived.
Consent (sentence 1 No. 1) can not be revoked. The detention suffered on the occasion of the handover will be applied on the detention to occurring domestically. Article 27, paragraph 4 shall apply mutatis mutandis. This shall not apply in the case of custodial sentences imposed (3) of the Rome Statute of the Court of Justice and have been enforced according to article 70.

Article 55 temporary acquisition and transfer (1) who in examination or imprisonment is outside the scope of this Act or is due to the arrangement of a detention order, is temporarily taken over at the request of the Court of Justice for there investigations or proceedings there have actually instituted to a gathering of evidence within the territorial scope of this Act and at the agreed time, or at the request of the Court except in the case of resignation of the Court's back pass , if it is guaranteed that the acquired in the case of waiver of the Court of Justice on the return delivery in a foreign State is recording. Against the person concerned the detention is arranged prior to performing the temporary takeover by written warrant if here asks the Court of Justice or passing back would be otherwise not guaranteed.
(2) in the arrest warrant are to lead 1 affected parties, 2. the request for evidence in the presence of the person concerned, 3. the details of the Court to the point at which the reverse transfer will take place, as well as 4 of the primer.
Set 1 and 3, paragraph 5 and article 18 shall apply article 13, para. 3, article 14, para. 1, 2.
(3) the warrant is lifted, if 1 the court stating that a detention is no longer required, 2. court approval given pursuant to paragraph 4 set 2, 3. the person concerned to the Court or in a State designated by the Court of justice back pass or 4 the Court waives the return transfer.
(4) the higher regional court decides over the objections of the person concerned against the take-over warrant, or against its enforcement. With the consent of the Court, the Court of appeal may cancel the transfer warrant or suspend its enforcement. Para 1 sentence 2, paragraph 4, §§ 116a, 123 and 124 par. 1, 2 sentence 1, para 3 of the code of criminal procedure shall apply article 116. The Court does not agree to a lifting or put out of execution of the transfer warrant, the person concerned back passed immediately the Court or the authorities of a State designated by him. The person concerned is maintained until the full of back pass in prison.
(5) the Court of Appeal decides on a continuity Übernahmehaft, if persecuted on the basis of the transfer warrant is a total of two months in prison. The detention will be reviewed after two months. The Court of appeal may order that the detention is carried out within a shorter period. Paragraph 4 sentence 2 to 5 shall apply mutatis mutandis.
(6) a person who is outside the scope of this Act in examination or imprisonment or is due to the arrangement of a detention order, will be spent by the territorial scope of this Act at the request of the Court of Justice for there investigations run against another or a there pending against another procedure for an evidence-gathering and back spent after the taking of evidence. Paragraph 1 sentence shall apply 2, as well as paragraph 2 to 5 with the proviso that a deadline of one month takes the place of the period of paragraph 5 by two months. Also see § 14 para 5, sections 18, 20 para 2, § 37 para 4 and 5 set 1, 2 and 4 shall apply.

Article 56 protection of persons (article 93 paragraph 1 letter j of the Rome Statute) the provisions on the protection of victims of crime and to the protection of persons involved in a German criminal case, find alleged victim of a criminal offence subject to the jurisdiction of the Court of Justice or witness in proceedings before the Court of Justice shall apply.

§ 57 deliveries (to article 58 paragraph 7 sentence 4, article 93 par. 1 letter d of the Rome Statute) (1) for the procedures for deliveries in accordance with the rules of civil procedure.
(2) the service of a summons of the Court on the accused by way of substitute service is excluded.

Section 58 official learned knowledge and information
(1) at the request of a competent authority of the Court of Justice official learned knowledge to the extent transferred subject to paragraph 3 the Court of justice within the framework of its competence by German courts and authorities, in which permitted against a German court or a German prosecutor to conduct a criminal case, if guaranteed is that 1 information from the Federal central register and findings, created by a lawful interception (article 59 paragraph 1) or any other action without the knowledge of the person concerned (article 59 paragraph 2) have been acquired , not transmitted in places outside of the Court, and 2. other findings communicated only with the prior consent of the competent in places outside of the Court according to article 68, paragraph 1.
In the transmission of knowledge, is in an appropriate manner the applicable German law limits for the retention of knowledge as well as on it to indicate, that the transmitted knowledge may be used only to fulfil the tasks entrusted to the Court of Justice according to the Rome Statute. Turns out that incorrect findings or findings that do not have can be submitted, have been submitted, the Court has to inform immediately and to request rectification or deletion of the findings.
(2) subject to paragraph 3, evidence within the meaning of paragraph 1 with the exception of information from the central register of the Federal may be transmitted without request the Court of Justice, if conditions are indeed met pursuant to paragraph 1 sentence 1 and the delivery is suitable 1. proceedings before the Court of Justice to initiate a there have already begun procedures to promote 2 or 3 to prepare a request for assistance of the Court.
Paragraph shall apply accordingly 1 sentences 2 and 3.
(3) invites the Court to send information, which were given to a German court or a German authority of a foreign State or an intermediate - or supranational institution with the request for confidential treatment, so the information may not be delivered the Court as long as the consent of the creator set 1 of the Rome Statute does not exist under article 73. The Court of justice must be notified.

Section 59 telecommunications monitoring and other measures without the knowledge of the person concerned (article 93 paragraph 1 letter l of the Rome Statute) (1) the arrangement of the monitoring of telecommunications (§ 100a of the criminal procedure code) and the transfer of the knowledge gained from the surveillance are allowed only if 1 the decision of a judge of the Court of Justice is presented, which arranges the telecommunications monitoring, 2. are the other requirements of the code of criminal procedure for the arrangement of the measure with the proviso , that the point in section 100a, paragraph 2, of the code of criminal procedure referred to crimes which are crimes described above in article 5 of the Rome Statute, and 3. ensured is, that complies with the provisions of the code of criminal procedure on the notification of the person concerned by the measure (§ 101 paragraph 4 to 6 of the code of criminal procedure), on the transmission of acquired personal data for purposes of evidence in other proceedings before the Court of Justice (section 477 para 2 sentence 2 of the code of criminal procedure) and the deletion of (§ 101 paragraph 8 of the code of criminal procedure) be.
(2) at the request of the Court, you are arranged in § § 100 c, 100f of the code of criminal procedure referred to measures without the knowledge of the person concerned. Paragraph 1 shall apply mutatis mutandis.

Section 60 presence at legal aid acts (article 99 par. 1 of the Rome Statute) attendance at the carrying out legal assistance actions in the domestic will be allowed on a request from relatives and at the request of the Court of Justice referred to agents of the Court of Justice, as well as other persons; they can stimulate questions or actions. The members of the Court of Justice can produce transcripts and audio, image, or video records of the legal aid Act. Unless the persons concerned agree, sound, image, and video recordings are also allowed, without having to do this are the requirements of the code of criminal procedure. Records which have been manufactured pursuant to sentence 3, are not to be exploited in German criminal proceedings.

§ 61 judicial hearings (article 3 para. 2 of the Rome Statute) (1) at the request of the Court of Justice is that permits to conduct judicial hearings at home.
(2) for the enforcement of a fine pursuant to article 71, paragraph 1 of the Rome Statute is § 43 mutatis mutandis.

§ 62 direct execution by the Court (article 99 par. 4 point (b) of the Rome Statute) on special request from members and representatives of the Court of Justice in consultation with the German authorities provided, independently to carry out interrogations, closer look at receipts and similar evidence in domestic. Legal aid may be granted under conditions within the meaning of article 99 par. 4 point (b) of the Rome Statute. The arrangement and implementation of coercive measures is reserved in all cases to the competent German authorities and governed by German law.

§ 63 introduction of German criminal proceedings (article 70 para 4 of the Rome Statute) asked the Court of Justice under article 70 para 4 point (b) of the Rome Statute to initiation of criminal proceedings against a person, article 70 para 1 of the Rome Statute is suspected a fact after the Court as soon as possible by the on the basis of the request will inform caused. After the conclusion of the proceedings a copy or a certified copy of the decision shall be sent to him. Licensed items and files are to return as long as the Court therefore asked.
Part 6 outgoing requests for article 64 form and content of requests (article 93 paragraph 10, article 96 par. 4 of the Rome Statute) to the Court under article 93 paragraph 10 3(a) of the Rome Statute must directed request for legal assistance or transfer as well as the documents to be included in in article 96 paragraph 1 in connection with paragraph 4 of the Rome Statute prescribed form and in article 96 paragraph 2 in connection with par. 4 of the Rome Statute have content referred to.

Section 65 return (1) who is responsible for criminal proceedings in Germany against him on request subject to the condition of subsequent return by the Court of Justice has been temporarily transferred is, being at the appointed time to the Court of Justice or the authorities of a State designated by him back transferred, provided that the Court is not waived. Against the persecuted the detention is arranged prior to performing the temporary transfer through written arrest warrant, if the Court is dependent on the transfer of the holding in custody, or if the return is not otherwise guaranteed. The prison suffered due to an arrangement pursuant to sentence 2 is applicable to a penalty imposed in German criminal proceedings according to § 51 of the Penal Code.
(2) the warrant according to § 55 para 2 apply to. In addition, § 13 para 3, § 14 ABS. 1, 2 para 3 to 5 according to apply set 1 and 3, para 5, sections 18 and 55. The Court of Appeal decides on objections against the reverse rendition warrant or the application for its inactivity full only if the arrest the reverse transfer warrant due to is carried out.
(3) the detention decision the Court of appeal, in whose district the Court dealing with the domestic criminal proceedings is established, before bringing the public action the higher regional court, in whose district the Prosecutor leading the procedure is established. The decision is final. The public prosecutor's Office at the higher regional court of competent pursuant to sentence 1 is responsible for the arrangement and implementation of return.

Section 66 temporary transfer of German practice (1) who resides in examination or imprisonment on the basis of an order of the Court of Justice and a German court or a German authority on request under the condition of the subsequent back passes for a domestic criminal proceedings against another run to a gathering of evidence temporarily handed over is, is at the time stipulated the Court or the authorities of a State designated by him back pass , if the Court is not waived. Against the persecuted the detention is arranged prior to performing the temporary transfer through written arrest warrant, if the Court is dependent on the transfer of the holding in custody, or when passing return would otherwise not guaranteed. The warrant according to § 55 paragraph 2 is applied. In addition article 13, para. 3, article 14, paragraph 1, 2 are 1 and 3, para 5, § 18, 55 set para 3 to 5 and article 65, paragraph 3 according to.
(2) a person who is in the domestic investigation or imprisonment or is due to the arrangement of a detention order of the recovery and backup, can be passed to a collection of evidence for criminal proceedings in the domestic court temporarily, if the conditions of § 54, sentence 1 Nos. 1, 3 and 4. Article 49, paragraph 4, sentence 2 and 3 as well as article 54 set of 2 to 5 shall apply mutatis mutandis.

Article 67 conditions
Conditions, the Court of Justice on the legal assistance has made, must be observed.
Part 7 common rules of § 68 competence of the Confederation (1) requests of the Court of Justice and the Ministry of Justice decides on the status of the request to the Court for legal assistance and for consumer protection in consultation with the Foreign Ministry and other ministries, whose business is affected by the legal assistance. An authority is responsible for the performance of the legal aid, which is part of the business of a different Federal Ministry, as this occurs at the point of the Federal Ministry of Justice and Consumer Affairs; the decision was made in consultation with the Federal Department of Justice and Consumer Affairs and the Ministry of Foreign Affairs. The federal ministries pursuant to sentences 1 and 2 can transfer the exercise of its powers in individual cases to subordinate federal agencies. The Federal Government can transfer in individual cases on a State Government empowered, to decide on a request of the Court of Justice according to part 5 of this law, and to ask the Court for legal help. The State Governments can them transferred power pursuant to sentence 4 to another law of country competent authority conferred.
(2) the Federal Ministry of Justice and for consumer protection make a situation decides para 1 of the Rome Statute, 2. in agreement with the Ministry of Foreign Affairs, and with other top federal agencies, whose Division is concerned, in particular 1 article 14 the communication referred to in article 18 paragraph 2 of the Rome Statute and the filing of an appeal pursuant to article 18 para 4 of the Rome Statute , 3. the Declaration of a dispute referred to in article 19 paragraph 2 of the Rome Statute, 4. the filing of appeal pursuant to article 19 para. 6 of the Rome Statute, 5. one procedure accession after article 72 para. 4 of the Rome Statute, 6 filing an appeal under article 82 para. 2 of the Rome Statute, or 7's request for exemption under article 101 para. 2 of the Roman Statute.
(3) If after the Rome Statute or this law, there are consultations with the Court or notices to the Court of Justice, paragraph 1 sentence 1 according to is applicable. Other than the competent pursuant to sentence 1 are known facts which require consultations with the Tribunal after the Rome Statute or this law, this place shall immediately inform the competent body under sentence 1 for conducting the consultations. Certain circumstances to communicate are the Court of Justice or its decision or consent to obtain, the authority pursuant to sentence 1 shall take the necessary measures. In urgent cases, the Agency to which release subject to circumstances or the facts that require a decision or approval of the Court, first become aware of can inform the Court about the circumstances or the facts in knowledge.
(4) the powers of the Federal Criminal Police Office for data transmission, bidding and identification upon request of the Court of justice are based on § 14 para 1 sentence 1 No. 2 of the Federal Criminal Police Office Act and § 15 para 1 to 3 of the Federal Criminal Police Office Act.

§ 69 German criminal proceedings and earlier criminal proceedings before the Court of Justice (article 20 para 2, article 70 para. 2 of the Rome Statute) (1) No person shall because of a in article 5 of the Rome Statute of crime referred to or in article 70 para 1 of the Rome Statute designated offence was liable by the Court already convicted or acquitted, before another court.
(2) is known in one against a person in domestic listed criminal proceedings, that the person was already legally because all or part of the supplied the German procedure underlying acts of the Court acquitted or convicted, the procedure with regard to the crimes over which the Court has held, is set to cost the Treasury. The court procedure is pending, is needed to adjust a court decision.
(3) the decision of the Court of Justice to the guilt and penalty question underlying sets a decision on the compensation for law enforcement measures to be taken.

Article 70 notification (on article 27 of the Rome Statute) sets up a request for the Court to transfer or other legal assistance against a member of the German Bundestag or a legislative body of a country or on investigative measures in their rooms, shall inform the Federal Ministry of Justice and for consumer protection or otherwise according to article 68, paragraph 1 competent authority concerned the President of the Corporation, which the person concerned belongs to or from the requested investigation action , of receipt of the request. Through appropriate measures, it is to ensure that the conduct of the proceedings before the Court of Justice or of the parent deployment process as a result of the information is not compromised.

§ 71 costs (article 100, article 107 para. 2 of the Rome Statute) the reimbursement of the cost of legal assistance by the Court of Justice may be waived.

§ 72 application of other rules of procedure, as far as this law contains no specific rules, the rules of the courts act and of the introductory act to the Judiciary Act, the code of criminal procedure and of the introductory act to the code of criminal procedure, of the Penal Code, of the Juvenile Court Act and of the tax code shall apply mutatis mutandis.

§ 73 restriction of fundamental rights fundamental rights of bodily integrity (article 2 para 2 sentence 1 of the Basic Law), the freedom of the person (article 2 para 2 sentence 2 of the Basic Law), letter mail, mail and correspondence (article 10 para 1 of the Basic Law), the inviolability of the home (article 13 of the Basic Law) and the prohibition of extradition (article 16 para 2 sentence 1 of the Basic Law) be restricted in accordance with this Act.

Related Laws

1950 Courts Act