Transit proceedings

Republic of Austria

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

TITLE III
Transit

CHAPTER TWO
Competences and Procedure

Surrender
§ 49. (1) When granting a transit, the border crossings shall be indicated at which the person to be transited shall be taken over, as well as surrendered. The person to be transited may only be taken over if his/her transit has been granted and thae person is fit to travel.

(2) The transit shall be performed by the security authorities. In the course of the transit, the objects shall also be transported that were handed over together with the person to be transited.

(3) The performance of a transit shall be interrupted if
1. after taking over the person to be transited, new facts or evidence emerge which alone or in connection with the transit documents and the results of possible inquiries give rise to serious concerns as to the admissibility of the transit,
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
3. the person to be transited becomes unfit to travel.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.