Forfeiture of assets - national proceedings

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 I
General Provisions

Scope of Application
§ 1. (1)
c) the execution of orders relating to property rights,
d) the execution of pecuniary sanctions;

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Three
Procedure for Approval of Surrender

Executing the Surrender
§ 24. (4) In connection with the execution of a European arrest warrant, objects shall be handed over pursuant to § 25 and § 41 of the ARHG, to the extent that these items are not personal belongings of the person concerned. If objects located in Austria are subject to confiscation or forfeiture, these objects may only be handed over to the issuing State on the condition that they will be returned at the latest and free of charge, after the criminal proceedings have been finished.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and