Contents of request for arrest and surrender - national law requirements

Republic of Austria

Austria - Federal law on judicial cooperation in criminal matters with the Member States of the European Union (EN/DE) 2004 (2020)

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Three
Procedure for Approval of Surrender

Conditional Surrender
§ 26. (3) The agreement shall contain the following, as a minimum:
1. the designation of the procedural steps in which connection the conditional surrender is to be made;
2. the obligation to return the person concerned as quickly as possible after the procedural acts have been completed;
3. a time limit, after the expiry of which the person concerned must be returned in any event, unless an extension of the conditional surrender is agreed upon prior to the expiry of the time limit;
4. the obligation to continue to keep the surrendered person detained and to release him/her only upon an order by the competent court of the executing State;
5. a provision that the conditional surrender does not interrupt the custodial sentence or preventive measure involving deprivation of liberty imposed by the executing State, and that the times spent in custody in the issuing State will be exclusively attributed to the proceedings in the executing State;
6. a provision that all costs in connection with the conditional surrender shall be borne by the issuing State.

(4) If there is reason to obtain a conditional surrender from another Member State, the court shall enter into a written agreement, pursuant to para. 3, with the executing judicial authority upon application by the public prosecutor.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Four
Obtaining the Execution of a European Arrest Warrant

§ 29. (1) The public prosecutor shall order the apprehension by way of a European arrest warrant authorized by a court, and, if necessary, arrange for an alert of the requested person in the Schengen Information System, pursuant to Article 95 of the SAAC, through the channels of the competent security authorities, if there is reason to launch a search for the apprehension of the requested person in at least one of the Member States. If it is not possible for an alert in the Schengen Information System to obtain a search in all Member States, the services of the International Criminal Police Organization (INTERPOL) shall also be used.

(2) The public prosecutor shall communicate the European arrest warrant directly to the competent executing judicial authority, if the whereabouts of the requested person in a Member State are known, or if there are certain indications for such whereabouts.

(2a) After filing the formal letter of accusation with the court the arrest on the basis of a European arrest warrant is to be ordered by the court on application of the office of public prosecution. The court in such cases also has to forward the European arrest warrant to the competent execution authority.

(3) If a Member State – in executing a European arrest warrant, which an Austrian judicial authority issues against a person who is a national of that Member State or has his/her domicile or permanent residence in that Member State – requires a guarantee that the person concerned will be returned for the enforcement of a custodial sentence or a preventive measure involving deprivation of liberty, imposed
by the Austrian court, after having been heard, the court shall give that guarantee, upon an application by the public prosecutor, if there is continued reason to execute the European arrest warrant in that Member State. The guarantee shall be binding for the Austrian judicial authorities.

Content and Form of a European Arrest Warrant
§ 30. (1) The European arrest warrant shall be completed, using the form sheet pursuant to Annex II to the present federal law, and it shall contain the data indicated there.

(2) The European arrest warrant shall be translated into the official language or one of the official languages of the executing State.

(3) If Member States accept a European arrest warrant also in another than their own official languages, the Federal Minister of Justice shall proclaim this by way of ordinance.

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.