Contents of request for arrest and surrender - national law requirements

Republic of Austria

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

TITLE II
Extradition from Austria

CHAPTER TWO
Jurisdiction and Procedure

Documents
§ 35. (1) In any event, the extradition documents shall comprise a copy or a certified copy or a photocopy of the court decision on the arrest, of a document to the same effect or of a final and enforceable decision on the conviction.

(2) At any stage of the proceedings the Federal Minister of Justice may ask – at his/her own initiative or upon application by the public prosecutor, the regional court or the higher regional court – the requesting State to provide additional documents and set a reasonable time frame for their provision. If that time limit expires without any reaction, the decision shall be taken on the basis of the available documents.

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.