TITLE III
Transit

CHAPTER ONE
Admissibility

Austrian Jurisdiction
§ 45. (1)
2. the person to be transited has already been sentenced in Austria with final and enforceable effect, or has been acquitted with final and enforceable effect, or otherwise exempted from prosecution in Austria for another reason than the absence of Austrian jurisdiction.

TITLE III
Transit

CHAPTER TWO
Competences and Procedure

Surrender
§ 49. (3) The performance of a transit shall be interrupted if
1. after taking over the person to be transited, new facts or evidence emerge which alone or in connection with the transit documents and the results of possible inquiries give rise to serious concerns as to the admissibility of the transit,

TITLE IV
Judicial Assistance to Foreign Countries

CHAPTER ONE
Requirements

Inadmissible Judicial Assistance
§ 51. (1)
2. extradition would be inadmissible pursuant to § 19 items 1 and 2 for the proceedings underlying the request, or

Part 1
General Provisions

5. Challenge of admissibility of proceedings and their deferral to the International Criminal Court
2. Admissibility shall be challenged where:
(1) the person has been sentenced for or found not guilty of an act by an Austrian court in an enforceable judgement in respect of the act;

Part 1
General Provisions

5. Challenge of admissibility of proceedings and their deferral to the International Criminal Court
2. Admissibility shall be challenged where:
(3) proceedings were already underway before a public prosecutor or a court in Austria on account of the act and were suspended on other than strictly procedural grounds.

Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit

26. Custody pending surrender and orders for surrender
2. Should there be significant doubts as to the identity of the person arrested, the investigating judge shall order appropriate investigations or ask the International Criminal Court to submit additional information. In any event, the investigating judge shall inform the accused person of the grounds of the warrant of arrest issued against him or her by the International Criminal Court and about his or her rights to challenge the surrender on account of a violation of the principle of “ne bis in idem” in article 20 of the Statute or of a lack of jurisdiction on the part of the International Criminal Court pursuant to articles 17 to 19 of the Statute. In addition, the person shall be informed of his or her right, pending a surrender order, to apply for interim release. The accused person shall be provided with copies (photocopies) of the arrest warrant or of the relevant allegations and provisions of the Statute together with the translations of them provided by the International Criminal Court.
3. Should the accused person wish to challenge the surrender on account of a violation of article 20 of the Statute or a lack of jurisdiction on the part of the International Criminal Court, the International Criminal Court shall be informed thereof and be provided with the requisite documents. Concurrently, the Court shall be notified of whether the challenge has a suspensive effect.
4. The decision on surrender shall be deferred only in the event of a challenge of admissibility pursuant to paragraph 5(2) above until a decision by the International Criminal Court has been taken. In the event of a challenge to the jurisdiction of the Court pursuant to articles 17 to 19 of the Statute by a third country, the procedure in paragraph 28 below shall apply.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Two
Execution of a European Arrest Warrant

Decisions by Third Countries or International Courts
§ 8. The execution of a European arrest warrant is inadmissible if, in connection with the same act, the requested person
5. was convicted or acquitted with final and enforceable effect by the International Criminal Court, the International Court for the Former Yugoslavia or the International Court for Rwanda.