TITLE II
Extradition from Austria
Chapter ONE
Admissibility of Extradition
Punishable Acts Qualifying for Extradition
§ 11. (1) Extradition shall be admissible for the prosecution of intentionally committed acts that are punishable under the law of the requesting State by a custodial sentence of more than one year or by a preventive measure of the same duration and that are subject to a custodial sentence of more than one year under Austrian law. The penal sanctions, as amended by § 5 item 4 of the 1988 Juvenile Court Act shall not be used as a basis for deciding whether a punishable act shall give rise to an extradition. It is irrelevant whether an application, as required for prosecution under Austrian law, has been made or such an authorization has been given.
TITLE V
Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions
CHAPTER TWO
Taking over Surveillance Operations
Prerequisites
§ 61.
2. the conviction was for an act that is subject to a court punishment under Austrian law,
TITLE V
Taking Over the Prosecution of a Case and Surveillance; Execution of Foreign Criminal-Court Decisions
CHAPTER THREE
Execution of Foreign Criminal-Court Decisions
Prerequisites
§ 64. (1)
2. the decision was taken for an act that is sanctioned by a court punishment under Austrian law,
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.