Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other assistance


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

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

Obtaining Judicial Assistance

Transfer of Detained Persons for Evidence Purposes
§ 73. (1) A person kept in custody in a foreign country may be transferred to Austria in order to perform important investigative measures or to take evidence, in particular for the purpose of their examination or confrontation. The provisions of § 59 (2) and (3) shall be applied in analogy.

(2) If a person kept in pre-trial or punitive detention in Austria is to be transferred to a foreign country for the purpose of achieving an important investigative act, in particular an examination or confrontation, § 54 shall be applied in analogy. The consent of the person to be transferred (§ 54 (1) item 1) shall, however, not be required.

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:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.