Article 9
Ne bis in idem
The sentenced person shall not be tried before a court of Austria with respect to conduct which formed the basis of crimes for which the person has already been convicted or acquitted by the Court.
TITLE II
Extradition from Austria
Chapter ONE
Admissibility of Extradition
Austrian Jurisdiction
§ 16. (3) In the cases defined in paragraph (2), extradition shall also not be admissible if the person to be extradited has already been convicted or acquitted with final and enforceable effect in Austria, or has been exempted from prosecution for reasons other than those specified in § 9 (3). In cases pursuant to paragraph (2) item 2 extradition shall also be inadmissible if there is reason for concern that, on account of the conviction in the other State, the person to be extradited would be in a significantly worse position overall than would be the case under Austrian law.
TITLE II
Extradition from Austria
Chapter ONE
Admissibility of Extradition
Jurisdiction of a Third Country
§ 17. An extradition shall be inadmissible if the person to be extradited for a punishable act
1. has been acquitted with final and enforceable effect by a court of the State in which the offence was committed, or has otherwise been exempted from prosecution, or
2. has been convicted with final and enforceable effect by a court in a third country, and the punishment has been fully served or waived in whole or in part for the portion of the sentence remaining to be enforced, or if the enforceability of the punishment comes under the statute of limitation pursuant to the law of this third country.
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.
4. the convicted person is not prosecuted for the act in Austria, was not exempted from prosecution for convicted or acquitted with final and enforceable effect or otherwise it in Austria,
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)
5. the person concerned by the decision of the foreign court is not prosecuted for an act in Austria, has not been convicted or acquitted with final an enforceable effect or otherwise been exempted from prosecution.
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.