Article 12
Escape
n record.
2. If the sentenced person escapes from custody and flees the territory of Austria, Austria may, after consultation with the Presidency, request the personʹs extradition or surrender from the State in which the person is located pursuant to any existing bilateral or multilateral arrangements, or may request that the Presidency seek the personʹs surrender, in accordance with Part 9 of the Rome Statute.

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

General Principle
§ 10. The extradition of persons to another State for the purpose of prosecution for acts subject to punishment by court or for the execution of a custodial sentence or a preventive measure imposed for such an act shall be admissible at the request of another State according to the provisions of this federal law.

TITLE II
Extradition from Austria

Chapter ONE
Admissibility of Extradition

Punishable Acts Qualifying for Extradition
§ 11. (1) Extradition shall be admissible for the prosecution of intentionally committed acts that are punishable under the law of the requesting State by a custodial sentence of more than one year or by a preventive measure of the same duration and that are subject to a custodial sentence of more than one year under Austrian law. The penal sanctions, as amended by § 5 item 4 of the 1988 Juvenile Court Act shall not be used as a basis for deciding whether a punishable act shall give rise to an extradition. It is irrelevant whether an application, as required for prosecution under Austrian law, has been made or such an authorization has been given.

(2) An extradition for execution shall be admissible in cases where the custodial sentence or the preventive measure has been imposed for one or several of the punishable acts listed in paragraph (1) and when a remaining period of at least four months still needs to be executed. Several custodial sentences or the remaining parts thereof shall be aggregated.

(3) If an extradition is admissible under paragraphs (1) or (2), a person may also be extradited for the prosecution of other punishable acts or for the execution of other custodial sentences or preventive measures, in cases where extradition would otherwise not be admissible on account of the term of the stipulated sanction (paragraph (1)) or of the duration of the punishment or measure (paragraph (2)).

TITLE VI
Obtaining Extradition, Transit, Delivery, Judicial Assistance, as well as Taking Over the Prosecution of a Case, Surveillance and Execution

CHAPTER ONE
Obtaining Extradition, Transit and Delivery

Competences and Procedure
§ 68. (1) If the extradition of a person staying in a foreign country shall be obtained for
1. the prosecution of a case, or
2. the execution of a custodial sentence or preventive measure,
the court with competences for the proceedings in Austria shall communicate, upon application by the public prosecutor’s office, to the Federal Ministry of Justice the documents required for obtaining an extradition.

(2) The Federal Minister of Justice may refrain from obtaining an extradition
1. an extradition is not to be expected,
2. only a fine or a minor custodial sentence or one with release on probation is most likely to be imposed,
3. the custodial sentence to be executed is a minor one, or
4. the extradition were to entail drawbacks or burdens for the Republic of Austria which would be disproportionate to the public interest in prosecuting the case or executing the punishment.

(3) The provisions of paragraphs (1) and (2) shall be applied in analogy for obtaining an extradition or the delivery of objects.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part One
General Prerequisites

Basic Principles
§ 3.
(3) Provisions on extradition in other federal laws also relate to the surrender between Member States governed by the present federal law.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Three
Procedure for Approval of Surrender

Coincidence of a European Arrest Warrant and a Request for Extradition
§ 23. (1) If one European arrest warrant and at least one request for extradition by a third country are received, the Federal Minister of Justice shall decide, after considering all circumstances pursuant to § 22 (1) and on the basis of the applicable agreements under international law, whether the European arrest warrant or the request for extradition shall take precedence.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Four
Obtaining the Execution of a European Arrest Warrant

Speciality and Further Surrender or Further Transit
§ 31. (6) If a third country requests the extradition of the surrendered person, the court, upon application by the public prosecutor, shall always request the executing judicial authority for its consent to this further surrender, unless the consent of the executing State is deemed to have been granted pursuant to para. 7. The court shall make this request before submitting the files to the Federal Minister of Justice pursuant to § 32 para. 4 of the ARHG, or before taking a decision pursuant to § 31 of the ARHG. The request shall comprise copies of the extradition documents of the third country, as well as a court record drawn up with the person concerned on that person’s statements in relation to the request for extradition.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Four
Obtaining the Execution of a European Arrest Warrant

Speciality and Further Surrender or Further Transit
§ 31.(8) If the person concerned has previously been extradited by a third country to Austria and if the provisions on the principle of speciality or conditions imposed by the third country in connexion with the extradition and accepted by the Republic of Austria, contradict a further surrender the office of public prosecution immediately has to request the issuing judicial authority to transmit the documents necessary for granting extradition together with a translation into a language accepted by the third country indicating the obstacle contradicting surrender. Upon receipt these documents have to be transmitted to the Federal Ministry of Justice in order to obtain consent of the third country to surrender. The time limits indicated in §§ 20 and 21 begin on the day on which speciality or the conditions imposed do no longer contradict surrender.