TITLE I
General Provisions
Conditions
§ 4. There shall be compliance with the conditions that another State imposes on the occasion of granting an extradition, transit or surrender, when providing judicial assistance, or in connection with taking over a case for criminal prosecution, surveillance, or execution, and which were not rejected.
TITLE II
Extradition from Austria
Chapter ONE
Admissibility of Extradition
Surrender of Objects
§ 25. (1) In connection with an extradition, it shall be admissible to surrender objects that may be used as evidence or which the person to be extradited has obtained from the punishable act or from realizing objects originating from said act.
(2) If an extradition cannot be granted that would be admissible pursuant to the provisions of this federal law, because the person to be extradited has absconded or is deceased or could not be apprehended in Austria, objects may nevertheless be surrendered on the basis of a request for extradition or a separate request.
(3) The surrender of objects for the purposes of evidence may be granted with the proviso that these objects will be returned immediately on request.
(4) Surrender shall be inadmissible in any event if there is reason to suspect that it would frustrate or disproportionately complicate prosecution or the exercise of rights of third parties.
TITLE II
Extradition from Austria
CHAPTER TWO
Jurisdiction and Procedure
Local Jurisdiction and Jurisdiction over the Subject Matter
§ 26. (1) The public prosecutor shall conduct the extradition proceedings, applying the provisions of Part 1 and 2 of the Code of Criminal Procedure in analogy. The public prosecutor in whose district the person concerned has his/her domicile or residence shall have local jurisdiction. In the absence of such a location, the public prosecutor shall have local jurisdiction in whose district the person was apprehended. If the person concerned is kept in court confinement, the place of confinement shall determine local jurisdiction. If no specific public prosecutor can be determined when applying the present provisions, the public prosecutor’s office in Vienna shall have local jurisdiction.
(2) The court decisions in extradition proceedings shall be taken by a single judge of the regional court (§ 31 (1) of the Code of Criminal Procedure) where the public prosecutor’s office is located that conducts the extradition proceedings.
(3) The provisions of paragraphs (1) and (2) shall also apply to the surrender of objects in connection with an extradition (extradition of objects).. The public prosecutor in whose district the object to be surrendered is located shall have jurisdiction over the examination of a separate request for the surrender of objects.
TITLE II
Extradition from Austria
CHAPTER TWO
Jurisdiction and Procedure
Searches
§ 27. (1) Requests received for imposing detention pending extradition shall be examined by the public prosecutor in order to establish whether there are sufficient grounds to assume that the underlying act gives rise to an extradition. If these prerequisites are met, the public prosecutor’s office shall order the search measures stipulated in Title 9 of the Code of Criminal Procedure or, if necessary, order the arrest of the sought person.
(2) A public prosecutor need not be seized in connection with a request received by way of a computer-assisted search system, by way of the International Criminal Police Organization – INTERPOL – or by way of any other official international criminal police assistance system if there are no grounds to assume that the sought person is staying in Austria and if the request only gives rise to search measures that do not require any public announcement (§ 169 (2) second sentence of the Code of Criminal Procedure).
TITLE VI
Obtaining Extradition, Transit, Delivery, Judicial Assistance, as well as Taking Over the Prosecution of a Case, Surveillance and Execution
CHAPTER TWO
Obtaining Judicial Assistance
Prerequisites and Procedures
§ 71. (1) Requests for judicial assistance shall be directed, by way of the established channels of communication, to the foreign court, the foreign public prosecutor’s office, or the authority engaged in the execution of punishments or measures in whose district the act of judicial assistance is to be performed. The request shall comprise the facts underlying the proceedings and other information as required for appropriate processing.
(2) Unless direct judicial assistance exchanges are in place, the Federal Minister of Justice may refrain from forwarding a request for judicial assistance for one of the reasons listed in § 2 and § 3 (1).
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
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:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(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
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.