Postponement - ongoing investigation or prosecution

Republic of Austria

Austria - Extradition and Mutual Assistance (EN/DE) 1979 (2020)

TITLE II
Extradition from Austria

Chapter ONE
Admissibility of Extradition

Primacy of Extradition
§ 13. If extradition proceedings are pending against a foreign citizen, or if there are sufficient grounds to institute such proceedings, it shall not be admissible to remove him/ her from Austria on the basis of other legal provisions.

TITLE III
Transit

CHAPTER TWO
Competences and Procedure

Surrender
§ 49. (3)
2. the person to be transited committed an act punishable by court and requiring ex officio prosecution, on the territory of the Republic of Austria in the course of the transit, unless prosecution or execution is waived, applying § 192 (1) item 2 of the Code of Criminal Procedure or § 4 and § 157 of the Execution of Punishments Act in analogy, or

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).