Person sought for different crime


Austria - Agreement ICC on the Enforcement of Sentences 2005

Article 10
Rule of speciality

3. In the event of a request for extradition made by a third State, Austria shall transmit the entire request to the Presidency with a protocol containing the views of the sentenced person obtained after informing the person sufficiently about the extradition request.
4. The Presidency may, in relation to paragraphs 2 and 3 of this article, request any document or additional information from Austria or the third State requesting the extradition.
5. The Presidency shall make a determination as soon as possible and shall inform the requesting State accordingly. If the request submitted under paragraphs 2 and 3 of this article concerns the enforcement of a sentence, the sentenced person may serve that sentence in Austria or be extradited to a third State only after having served the full sentence pronounced by the Court.
6. Paragraph 1 of this article shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of Austria after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.
7. The Presidency may authorise the temporary extradition of the sentenced person to a third State for prosecution only if it has obtained assurances which it deems to be sufficient that the sentenced person will be kept in custody in the third State and transferred back to Austria, after the prosecution.

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

Extradition from Austria

Jurisdiction and Procedure

Provisional Surrender
§ 38. (1) Irrespective of a deferral of the surrender pursuant to § 37 item 2, when a custodial sentence or a preventive measure is enforced against a person that person may be provisionally surrendered to another State at its request in order to conduct certain procedural steps, especially the trial and the pronouncement of the court decision, if his/her return is ensured after these procedural steps have been completed. There shall be no provisional surrender if it might result in unreasonable drawbacks for the person to be extradited.


Competences and Procedure

§ 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

Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 2
Specific provisions

Section 4
Custody pending surrender, surrender and transit

28. Provisional transfer and repeal of the order for surrender

1. In the event of criminal proceedings against the accused person in Austria or if the latter is serving a sentence in Austria for matters other than those for which surrender to the International Criminal Court was ordered, the person may be transferred provisionally to the International Criminal Court under conditions to be agreed on with it.

Rome Statute

Article 89 Surrender of persons to the Court

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.