Part 2
Specific provisions
Section 3
22. Search
1. Should the International Criminal Court request a search for arrest or should the Austrian authorities otherwise learn of an order for arrest from the Court, the Federal Ministry of the Interior shall seek the arrest of the person for the purpose of surrender to the International Criminal Court if the request or order for arrest contains the necessary details about the person sought and the alleged offence. Referral to the competent court pursuant to paragraph 26(1) of the law on extradition and judicial assistance (ARHG) is not required if the person sought is not an Austrian national or if there is no reason to believe that the person is in Austria.
2. Should a person sought by the International Criminal Court be searched for or arrested in Austria, the Federal Ministry of the Interior shall inform the International Criminal Court thereof through the International Criminal Police Organisation (INTERPOL).
Chapter II
European Arrest Warrant and Surrender Procedures between Member States
Part Four
Obtaining the Execution of a European Arrest Warrant
Search
§ 29. (1) The public prosecutor shall order the apprehension by way of a European arrest warrant authorized by a court, and, if necessary, arrange for an alert of the requested person in the Schengen Information System, pursuant to Article 95 of the SAAC, through the channels of the competent security authorities, if there is reason to launch a search for the apprehension of the requested person in at least one of the Member States. If it is not possible for an alert in the Schengen Information System to obtain a search in all Member States, the services of the International Criminal Police Organization (INTERPOL) shall also be used.
(2) The public prosecutor shall communicate the European arrest warrant directly to the competent executing judicial authority, if the whereabouts of the requested person in a Member State are known, or if there are certain indications for such whereabouts.
(2a) After filing the formal letter of accusation with the court the arrest on the basis of a European arrest warrant is to be ordered by the court on application of the office of public prosecution. The court in such cases also has to forward the European arrest warrant to the competent execution authority.
(3) If a Member State – in executing a European arrest warrant, which an Austrian judicial authority issues against a person who is a national of that Member State or has his/her domicile or permanent residence in that Member State – requires a guarantee that the person concerned will be returned for the enforcement of a custodial sentence or a preventive measure involving deprivation of liberty, imposed
by the Austrian court, after having been heard, the court shall give that guarantee, upon an application by the public prosecutor, if there is continued reason to execute the European arrest warrant in that Member State. The guarantee shall be binding for the Austrian judicial authorities.
Content and Form of a European Arrest Warrant
§ 30. (1) The European arrest warrant shall be completed, using the form sheet pursuant to Annex II to the present federal law, and it shall contain the data indicated there.
(2) The European arrest warrant shall be translated into the official language or one of the official languages of the executing State.
(3) If Member States accept a European arrest warrant also in another than their own official languages, the Federal Minister of Justice shall proclaim this by way of ordinance.
1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:
(a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and
(b) The arrest of the person appears necessary:
(i) To ensure the person's appearance at trial;
(ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings; or
(iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
2. The application of the Prosecutor shall contain:
(a) The name of the person and any other relevant identifying information;
(b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;
(c) A concise statement of the facts which are alleged to constitute those crimes;
(d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and
(e) The reason why the Prosecutor believes that the arrest of the person is necessary.
3. The warrant of arrest shall contain:
(a) The name of the person and any other relevant identifying information;
(b) A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and
(c) A concise statement of the facts which are alleged to constitute those crimes.
4. The warrant of arrest shall remain in effect until otherwise ordered by the Court.
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.
6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.
7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:
(a) The name of the person and any other relevant identifying information;
(b) The specified date on which the person is to appear;
(c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and
(d) A concise statement of the facts which are alleged to constitute the crime. The summons shall be served on the person.
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.