Seizure of assets - national proceedings

Republic of Austria

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

TITLE V
Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions

CHAPTER THREE
Execution of Foreign Criminal-Court Decisions

Prerequisites
ยง 64. (6) Moreover, the execution of a decision a foreign court imposing confiscation or seizure with final and enforceable effect shall only be admissible if the objects or property items covered by the decision are located in Austria and the person concerned has been heard, to the extent that he/she can be contacted.

(7) Fines, forfeited property items and seized and confiscated objects shall accrue to the Federal State.

Rome Statute

Article 93 Other forms of cooperation

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:

(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