Consent to surrender


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

Extradition from Austria

Jurisdiction and Procedure

Detention Pending Extradition
§ 29. (5) The effectiveness of the most recently taken decision imposing or continuing detention pending extradition shall no longer be limited by the detention period if and as soon as the person concerned states his/her consent to the simplified extradition procedure (§ 32) or if the court decides that extradition is admissible (§ 31): there are not further ex officio hearings on the detention after that date.

Extradition from Austria

Jurisdiction and Procedure

Simplified Extradition Procedure
§ 32. (1) On the basis of a foreign request for extradition or for imposing detention pending extradition, the person concerned may state his/her consent to the extradition and agree to being transferred without conducting the formal extradition proceedings. However, if several requests have been submitted, the consent statement is only effective if it covers all requests. The person concerned has the right to consult with a defence lawyer prior to making his or her statement. However, if the person concerned is detained pending extradition, he/she may state his/her consent at the earliest at the hearing on the detention, which must be held pursuant to § 175 (2) item 1 of the Code of Criminal Procedure. In any event, the consent will only become legally valid if it is put on record by the court.

(2) The court shall inform the person concerned that he or she has the right to consult with a defence lawyer, that, in the event of an extradition pursuant to paragraph (1), he/she shall not be entitled to the protection afforded by § 23 (1) and (2) or by the corresponding provisions of intergovernmental agreements and that he/she may not revoke his/her consent.

(3) The simplified extradition of a juvenile shall only be admissible if his/her legal representative also consents or if he/she is represented by a defender counsel.

(4) If a person concerned has consented to the simplified extradition procedure, the court shall submit the case file directly to the Federal Ministry of Justice.

Rome Statute

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.


(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

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.