TITLE II
Extradition from Austria
Chapter ONE
Admissibility of Extradition
Primacy of Extradition
§ 13. If extradition proceedings are pending against a foreign citizen, or if there are sufficient grounds to institute such proceedings, it shall not be admissible to remove him/ her from Austria on the basis of other legal provisions.
TITLE III
Transit
CHAPTER TWO
Competences and Procedure
Surrender
§ 49. (3)
2. the person to be transited committed an act punishable by court and requiring ex officio prosecution, on the territory of the Republic of Austria in the course of the transit, unless prosecution or execution is waived, applying § 192 (1) item 2 of the Code of Criminal Procedure or § 4 and § 157 of the Execution of Punishments Act in analogy, or
Part 2
Specific provisions
Section 2
15. Postponement of the execution of requests for assistance
1. The execution of a request for judicial assistance may be postponed:
(2) for a time period agreed upon with the International Criminal Court if the immediate execution of the request would interfere with ongoing investigations or proceedings in a case other than the one to which it relates.
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).