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
§ 64. (1) The execution or further execution of a decision by a foreign court imposing a fine or custodial sentence, a preventive measure involving deprivation of liberty or property-law order with final and enforceable effect shall be admissible upon a request by another State if:
1. the decision of the foreign court was taken in proceedings complying with the principles set forth in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Federal Law Gazette No. 210/1958,
2. the decision was taken for an act that is sanctioned by a court punishment under Austrian law,
3. the decision was not taken for one of the punishable acts listed in § 14 and § 15,
4. under Austrian law no statute of limitation applies to the execution,
5. the person concerned by the decision of the foreign court is not prosecuted for an act in Austria, has not been convicted or acquitted with final an enforceable effect or otherwise been exempted from prosecution.

(2) The execution of a decision by a foreign court imposing a custodial sentence or preventive measure involving deprivation of liberty shall only be admissible if the convicted person is an Austrian citizen, has his/her domicile or place of residence in Austria and has agreed to the execution in Austria.