TITLE II
Extradition from Austria
CHAPTER TWO
Jurisdiction and Procedure
Provisional Surrender
§ 38. (1) Irrespective of a deferral of the surrender pursuant to § 37 item 2, when a custodial sentence or a preventive measure is enforced against a person that person may be provisionally surrendered to another State at its request in order to conduct certain procedural steps, especially the trial and the pronouncement of the court decision, if his/her return is ensured after these procedural steps have been completed. There shall be no provisional surrender if it might result in unreasonable drawbacks for the person to be extradited.
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
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.